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(영문) 서울중앙지방법원 2015.02.06 2014노4741
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an act of misunderstanding the facts and misapprehending the legal principles, such as assaulting the victim E or leaving the victim’s disease on the floor.

The first instance court, which found the defendant guilty only by the statement of the victim and the police without credibility despite the defendant's assault from the victim, has an error of misconception of facts in violation of the rules of evidence.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts and misapprehension of legal principles, the defendant, as stated in the judgment of the first instance court, was able to fully recognize the fact that the defendant, at the same time and at the same place, had the victim E expressed a large voice, led the victim E with the flabing of fladles, and broken the disease, etc. on the floor. The defendant's above assertion is not accepted, since there was no violation of the rules of evidence or misunderstanding of facts in the judgment of the first instance court as to the conclusion, since there was no error of law in the determination of facts against the rules of evidence or in the determination of facts, the defendant's assertion is not accepted.

B. In full view of the circumstances that the Defendant committed the instant crime, the method and mode of the crime, the degree of damage, the Defendant’s records of identical crimes several times, and other various circumstances that form the conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentencing of the first instance court on the Defendant cannot be deemed unfair, and therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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