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(영문) 서울중앙지방법원 2017.02.09 2016노4811
과실치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant: (a) resisted the victim’s unfair performance of duties; (b) did not have exercised a power to suppress the victim’s intent; or (c) did not interfere with the victim’s meetings.

B. The Defendant’s act of misapprehension of the legal doctrine constitutes a justifiable act that does not violate social norms as a claim on unfair business handling.

(c)

Sentencing is unfair because it is too unreasonable that the sentence of the lower court (amounting to 800,000 won) is too unreasonable.

2. Determination

A. The lower court asserted the Defendant’s misunderstanding of the facts was examined as a witness of E, F, and G, and observed directly by directly reporting the appearance and attitude at the time of making the statement, consistency in the statement, clarity, and accuracy, etc., and the said witness’s statement concerning the facts charged of this case has credibility.

The decision was determined.

In light of the spirit of substantial direct deliberation adopted by our criminal litigation law, the appellate court should respect the first deliberation decision on the credibility of the statement, except in extenuating circumstances. The judgment of the court below that recognized the credibility of the statement of the above witness is just.

Comprehensively taking account of the following facts and circumstances acknowledged by evidence, the Defendant’s act constitutes “power” as a measure to suppress the victim’s free conference progress, and it can be sufficiently recognized that the Defendant’s act interfered with the victim’s normal conference business by force.

This part of the defendant's assertion is without merit.

① At the instant association office, the victim was carrying out a meeting with 15 employees, but the Defendant entered the said office and repeated from around 09:52 to four times a person who was in front of the victim’s meeting. In the process, the Defendant took a bath or sound over a considerable period of time and obstructed the progress of the meeting in a normal manner.

(2) The defendant's act shall be followed.

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