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(영문) 서울중앙지방법원 2016.10.28 2016노3176
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that at the time of the instant case by mistake of facts or misapprehension of the legal doctrine, the Defendant, who was making a large voice because the Defendant was unable to return home, and there was a little vision with the relevant persons of the hospital, but there was no fact that the victim E was sent or the nurse expressed a desire to do so.

Therefore, the above-mentioned act of the defendant's disturbance does not constitute force in the crime of interference with business.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the crime of interference with business or by misapprehending the legal doctrine on the crime of interference with business, thereby adversely affecting the conclusion of the judgment.

B. The punishment of the first instance court on the unfair sentencing (one million won of fine) is too unreasonable.

2. Determination:

A. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance in relation to the determination of mistake or misapprehension of legal principles, unless there exist special circumstances to deem that the judgment of the court of first instance was clearly erroneous, or where it is remarkably unfair to maintain the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance in light of the first instance and the evidence duly examined in the court of first instance, or the result of additional examination of evidence conducted by the time of closing argument at the court of first instance, the appellate court shall not reverse without permission the judgment of the court of first instance solely on the ground that the first instance on the credibility of the statement made by a witness of the court of first instance differs from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). In addition, "in relation to the crime of interference with business" means any ability to suppress or congested people's free will, regardless of type of assault or assault, social pressure, and pressure, etc.

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