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(영문) 창원지방법원 2020.05.07 2019노2176
업무방해등
Text

The part of the judgment of the court below's conviction and the part not guilty shall be reversed as of April 28, 2019.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) An act of a mistake of facts concerning violence is an act of using force that causes physical pain to a victim’s breath, and the act of a victim’s breath is an act of using force prescribed in the crime of assault, and the act of a defendant’s breath is not a self-defense or legitimate act, since the victim C first obstructed the defendant’s business at the store operated by the victim. Nevertheless, there is insufficient evidence to acknowledge this part of the facts charged, and the defendant’s act constitutes self-defense or legitimate act. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below recognized that a mistake of facts as to interference with the victim’s business on April 28, 2019, by avoiding disturbance in India operated by the victim E, the victim’s business was obstructed, and the defendant could interfere with the victim’s business, and the defendant could interfere with the victim’s business if doing such act.

Nevertheless, the court below judged that the defendant's act cannot be deemed to obstruct the victim's business, and that the defendant had no intention to obstruct business, and sentenced the defendant not guilty of this part of the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, order to attend a course, confiscation) is too uneasible and unfair.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts 1 assaults on the part of the defendant's assertion of mistake of facts can be recognized as the fact that the defendant continued to satis C with his satisfat, first fatfat C with his batfat, and the defendant spreaded C's arms, and then C with his batfat. However, the upper part of the defendant's arms occurred in C as above.

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