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(영문) 서울북부지방법원 2016.09.01 2016노1094
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant had the victim F head at the time and place indicated in the facts charged in the instant case, and did not assault the victim’s arms at one time by plucking and plucking the victim’s arms.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts in the court below's argument as to the grounds for appeal of this case, and the court below stated in detail the defendant's assertion and its decision. In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above decision of the court below is just, and there is no error of law by misconception of facts as alleged by the defendant, which affected the conclusion of the judgment.

The defendant stated in the court below that I, a police trainee, had no record that the defendant was sealed on the wall by taking the head of the victim F into the wall, and that F's statement that the police was assaulted by the defendant after entering the restaurant is not reliable. However, even if I's statement was based on I's statement, I could not accurately witness the situation inside the restaurant at the time. Thus, I's statement alone cannot reject the credibility of the victim F's statement.

B. As to the assertion on unfair sentencing, the defendant interfered with the restaurant business by force and assaulted the victim Flaz, who is an employee of the defendant, who meets the claim, with significant nature of the crime, several fines for violent crimes, and two years of suspension of the execution of imprisonment with prison labor for October, 209.

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