(영문) 서울북부지방법원 2018.07.19 2018노761

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자간(%)

(영문) 서울북부지방법원 2018.07.19 2018노761

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts constituting an offense of 2017 Highest 4215, the victim et al. said that the victim et al. took part in the customer who told the defendant that the victim et al. took part in the accident.

Although there was a little of the dispute between them, it cannot be seen as a "power" as referred to in the obstruction of business.

Meanwhile, the Defendant stated to the effect that “the victim was punished by the victim, other than the victim, at the time of examination of the witness” on the first trial date of the court below.

However, the victim of this case is a person who is a witness of the court below (as the victim in 1957, 2017 Highest 2193 Highest 2017 highest 8 pages, 70 of the trial records, and 70 of the trial records) operating main points. The defendant seems to have been aware of D's dynamics F (as the victim in 1963 highest 2193 highest 2193 highest 201 and 17 of the evidence records) as the victim and stated as above.

Therefore, it is not judged separately.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (Supreme Court Decision 209Da1348, Jan. 30, 2009).

유사 판례

-대구지방법원 2016.04.29 2016노798

-인천지방법원 2017.01.18 2016노290

-대구지방법원 2017.02.01 2016노3494

-서울북부지방법원 2018.02.02 2017노2451

-서울북부지방법원 2018.01.12 2017노520