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(영문) 대전지방법원 2015.09.04 2014노2943
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles or misconception of facts, although the defendant conspired with co-defendant A of the court below to interfere with the victim's joint-defendant business.

2. Determination

A. The summary of this part of the facts charged was in collusion with Co-defendant A of the lower judgment, and the Defendant interfered with the victim’s mother business by force as stated in paragraph (1) of the lower judgment.

B. The lower court’s judgment stated in the court of the lower court that “The Defendant, at the time of the lower court’s arrival to the said Felher, went late, and obstructed the accomplice’s failure while closing a smooth resolution of a situation,” and there is no evidence to acknowledge that the Defendant conspireds with the rest of accomplices to interfere with the victim’s franchise business.

C. In light of the evidence duly admitted and investigated by the court below, the court below's fact-finding and judgment are justified, and there is no error of law by mistake of facts as alleged by the prosecutor.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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