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(영문) 춘천지방법원 2013.04.17 2012노749
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 500,00) against Defendant A (a fine of KRW 500) is too unreasonable.

나. 피고인 B(사실오인) 피고인이 피해자 F과 서로 멱살을 잡았다가 놓았는데 잠시 후 피해자가 스스로 넘어지는 시늉을 하였을 뿐 피고인이 이 사건 공소사실 기재와 같이 피해자를 폭행하여 상해를 입힌 사실이 없다.

2. Determination

A. As to the Defendant A’s assertion of unfair sentencing, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc. as well as the fact that the Defendant committed the crime of this case in a planned manner, compensation for damage caused by the crime of this case, or did not reach an agreement with the victim, the court below’s sentence is deemed appropriate. Thus, the Defendant’s above assertion is without merit.

B. According to the evidence duly adopted and examined by the court below and the trial court as to the defendant B's assertion of mistake of facts, the defendant B was found guilty of the facts charged since the victim complained against the defendant B and the victim's chest on the wind that prevents him from entering and leaving the bend, and the victim was prevented from entering the bend, and the victim was able to find the victim guilty of the injury caused by the disease at the hospital on September 29, 201 on the following day of this case, since the defendant B got off the bend of the victim while the victim was waiting for leading the victim. The victim was faced with the bend side of the bend side of the bend side of the bend. The victim complained of the bend side of the bend side of the bend, and the victim complained of the bend side of the bend, and the victim complained of the bend, and all of the facts charged of this case were found to be guilty.

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