(영문) 부산지방법원 2017.04.28 2016노3939 | 리걸엔진

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(영문) 부산지방법원 2017.04.28 2016노3939

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence (20 million won) pronounced by the lower court on the gist of the grounds of appeal is too unfased and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

Of the facts charged in the instant case, the summary of interference with the business on March 1, 2016 is as follows: around 17:20 on March 1, 2016, the Defendant, under the influence of the Defendant, at the third floor of the Enb in Busan, where the Defendant had been in a long-term operation of the victim D, he would be slick with other guests, and the victim would be slickly slickly slickly slicked, slicked, slicked, slicked, slicked, etc. on two occasions, and obstructed the Defendant’s operation of the victim’s slick by forcing the slick guests to leave the slick, thereby obstructing the Defendant’s operation of the slick by force.

In doing so, the defendant asserts that there is no interference with the operation of the victim's inns at the time and place specified in the above facts charged, and denies the facts charged. As such, since the defendant's protocol of interrogation of the suspect against the defendant prepared by the police does not recognize the contents thereof, it is not admissible as evidence.

In addition, the statement of the court below and the statement prepared by the victim in the court of the court below are that the victim stated in the court of the court below that "the defendant committed an act interfering with the operation of the police, such as noise at the time and place specified in the above facts charged, without memory as to whether the police had been engaged in such act, and the statement prepared by the police does not directly prepare it." H present at the court of the court of the court below as a witness "I present at the above date and time with the defendant and other guests I while drinking together with the defendant at the above time, but the victim was under the influence of alcohol, and it is deemed that the victim was the subject of the defense while drinking the flad's disease with water, and "I am inside the flad'," and "I am tin-

The phrase, “,” etc. and the time limit.

유사 판례

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