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(영문) 서울중앙지방법원 2016.11.18 2016노3246
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, misunderstanding of legal principles) is erroneous in the judgment of the court of first instance as follows, or by misapprehending the legal principles, which affected the conclusion of the judgment.

As to interference with business, the Defendant, like Paragraph (1) of the facts charged in the instant case, did not interfere with C’s business by smoking in the “D” restaurant operated by C.

The evidence presented by the first instance court as evidence of guilt in the above part of the facts charged cannot be deemed to have been proven without reasonable doubt due to lack of credibility or lack of proof of guilt.

B. As to the insult of the Defendant at the time of the instant case, the procedure of arresting the Defendant in the act of committing the crime and the procedure of detention thereafter were unlawful. The Defendant’s words such as Paragraph 2 of the facts charged in this case against E constitutes self-defense or legitimate act committed in the course of setting up against the aforementioned unlawful performance of official duties.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court as to interference with the business, namely, ① the victim C and witness F have consistently made a statement in investigative agencies and the first instance court to the effect that “the Defendant was unable to be disturbed in the restaurant” D’s “the Defendant was under the influence of alcohol at the date of the instant crime,” ② E is also stated in the complaint that “the Defendant was dispatched to the site upon receiving a report from 112 that “the Defendant was under the influence of drinking female customers at the above restaurant,” and ③ even if the statements in the above C, F, E’s investigation process or the first instance court have any differences in relation to the detailed facts and time of the instant crime before and after the instant crime of interference with the business, such detailed contents are indirect or extremely obscene parts, and the Defendant was under the influence of alcohol.

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