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(영문) 대구지방법원 2018.05.10 2017노5722
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant not only has exercised power against the victim, but also constitutes a legitimate act, even if such fact is recognized.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① The victim has consistently left the scene from the police stage to the court of the court of the court below, and consistently from the police stage to the court of the court of the court below.

In full view of the fact that “the Defendant made a statement to the effect that his act is a justifiable act, ② the Defendant alleged that his act is a justifiable act, but the Defendant’s act that immediately obstructed the Defendant’s cultivation business without going through lawful procedures does not meet the requirements of reasonableness, urgency, supplement, etc., and thus cannot be deemed as a justifiable act that does not violate social norms, the lower court convicted the Defendant of this part of the charges. In so determining, the lower court erred by misapprehending the legal doctrine as alleged by the Defendant

shall not be deemed to exist.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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