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(영문) 부산지방법원 2014.01.03 2013노3539
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was stolen of money held by the Defendant at the time and place specified in the facts constituting a crime in the original judgment, and resisted against it, but only was abused by the main employees and hump, and did not interfere with the victims’ main duties as stated in the facts constituting a crime in the original judgment.

B. The sentence imposed by the court below on the defendant (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the victim E, consistent with the investigation agency and court of the court below, and the defendant, as stated in the facts constituting the crime in the judgment of the court below, was playing together on the corridor after drinking alcohol and singing on the corridor, the victim E and male customers who were in the victim E and the main place. Accordingly, the victim E and male customers expressed that they were spiting, spiting on the floor, and assault the victims. The police officer G who was dispatched to the scene at the time of the crime in the court of the court of the court below stated that at the time of the crime in this case, the defendant had been under the influence of alcohol, such as spiting or spiting, etc. after the police officers were dispatched, while the defendant was subject to a theft of money at the time of the crime in this case, but the defendant argued that he was under the influence of police officers at the time of the crime in this case.

He stated that he was not aware that he was assaulted, and another police officer who was dispatched to the scene at the time of the instant crime is called H.

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