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(영문) 전주지방법원 2016.05.26 2015노1424
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged, the lower court dismissed the prosecution on the charge of assault and acquitted the Defendant on the charge of obstruction of business.

Since only the prosecutor appealed the part of the judgment of the court below as to the acquittal and did not appeal all the prosecutor and the defendant as to the dismissal part of the public prosecution, among the judgment below, the dismissal part of the above public prosecution becomes final and conclusive separately, and only the remaining acquittal part is subject to

2. In light of the victim's statement in the victim's investigative agency's statement of the reasons for appeal, it is acknowledged that the defendant was unable to open the front door by putting a hand attached to a part of the front door of the bus as stated in the facts charged, and obstructed the victim's normal bus operation by taking a bath and assault to E who is the passenger, and thereby obstructing the victim's normal bus operation. This can be viewed as "power of force" of obstructing the business, and the defendant had an intention to interfere with the business.

may be appointed by a person.

Nevertheless, among the facts charged, the lower court acquitted the victim of the charges by reliance on the part that the Defendant intending to take a bath and assault to E, thereby obstructing normal bus operation, and reliance on only the victim’s statement at the court of original instance.

The court below erred by omitting judgment on part of the facts charged, misunderstanding facts, or misunderstanding legal principles, which affected the conclusion of the judgment.

3. Determination

A. On November 27, 2014, the Defendant, at around 17:40 on November 27, 2014, tried to lower the bus stops at a bus stop located in front of the Gunsan University through the front door in front of the city bus driven by the victim C, and continued to attach his hand so as not to open the front door and open the front door.

Defendant E, a bus passenger, continues to take a bath for the reason that he/she expressed the complaint against the Defendant by demanding the bus to start with the bus.

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