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(영문) 인천지방법원 2014.12.04 2014노2787
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant either interfered with the business of the branch office of sub-state securities C or assaulted the victim F, and rather, there is no fact that the victim committed an act to the extent that the victim was satisfing with the victim’s eye at the expense of the Defendant’s defense against it. Thus, this constitutes self

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles that found the Defendant guilty on the whole charged facts of this case, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant’s act of obstructing the employees of the above C branch as stated in the facts charged in the instant case at the local government securities C branch located in Nowon-gu, Nowon-gu, Nowon-gu, Seoul on October 31, 2013 and around 17:43 on the same day, and around October 31, 2013, and the victim abused the Defendant. On the contrary, the victim abused the Defendant.

There is no circumstance that the above assault against the defendant's victim constitutes legitimate self-defense or legitimate act.

Therefore, the facts charged of this case against the defendant should be fully recognized.

B. In full view of the following: (a) the Defendant’s previous and several arguments on the assertion of unfair sentencing are acceptable; (b) there is no agreement with the victim; (c) the Defendant denies and does not oppose the Defendant; and and (d) the Defendant’s age, character and conduct, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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