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(영문) 서울북부지방법원 2018.06.22 2018노95
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below convicting each of the facts charged in this case is erroneous as follows.

1) Regarding interference with business, although at the time of the instant case, the Defendant resisted the victim about the water leakage issue of the Defendant, and made the same remarks as stated in the facts charged, there is no fact that the Defendant intentionally exceeded the steel chair, or made an article to injure the victim.

2) As to the insult of the victim on June 10, 2016, there was no fact that the victim made the same bath as the stated in the facts charged.

3) As to the insult of the Defendant on August 9, 2016, the Defendant heard from D at the time of the instant case the damaged person’s speech that he/she contracted with the Gu and the Gu, and made D such remarks as stated in the facts charged, and did not intentionally make the insult to the victim.

4) With respect to the insult of the victim on October 11, 2016, there was a fact that the Defendant resisted the above water leakage problem and made the victim feel “I ambling.” However, this is merely from the process of a claim, and it does not insult the victim.

5) With respect to the insult of the Defendant on May 9, 2017, the Defendant made a statement to the effect that “the victim is a four representative,” but there is no fact that the Defendant made a statement to the effect that “the victim would be a four representative.” However, there is no possibility that the Defendant made a statement to the effect that “the victim would be able to flad with a bomb and die and die.”

B. The lower court’s sentence (2.5 million won) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. 1) On the part of interference with fact-finding, according to the victim D and E police statements, the head of the management office (Evidence No. 45-48 pages), etc., the Defendant remains at approximately one-hour management office for about 20 minutes on the day of the instant case, while serving in approximately one-hour management office for about 45-48 pages, and the Defendant made a large statement as indicated in this part of the facts charged, and was at the entrance of the management office at the time.

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