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(영문) 서울북부지방법원 2018.05.24 2017노1667
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The statements made by the victim of an indecent act by force are not consistent, contradictory in itself, and thus, it is difficult to understand that the statements are inconsistent with the empirical rule.

The judgment of the court below that found the victim's statement as evidence to be guilty of an indecent act by force is erroneous in the misapprehension of facts.

2) The statements by the victim of interference with business are inconsistent, contradictory, and against the rule of experience.

Even if there is a little desire for the defendant in the course of doing a dispute with the victim, it cannot be deemed that it constitutes an element of a crime of interference with business, and even if not, there is sufficient room for excluding illegality as a justifiable act.

Nevertheless, the judgment of the court below which found the defendant guilty of interfering with the business of the defendant is erroneous.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, one year of suspended sentence, and twenty-four hours of lecture for sexual assault treatment) is too unreasonable.

2. Determination

A. According to each legal statement of the witness D at the court below and the court below as to the assertion of mistake of facts, it can be acknowledged that the defendant committed an indecent act by holding the victim's chests several times against the victim's will, and that the defendant was unable to have avoided a disturbance by making the victim's chests.

The above statements do not appear to be consistent and consistent with the victim's statements made in the investigative agency of the victim, the act of the defendant, the contents of damage, and the main parts of the victim's response at the time of damage.

The recording of the recording (Evidence No. 30 to 46 of the evidence record) submitted by the defendant can be known that the defendant was satisfing in the singing room in the operation of the victim, and it is not inconsistent with each of the above statements, but is consistent with the statement and situation of the victim, which is an indecent act against the victim and a recording after the fact, has already been committed.

B. Evidence and witness duly adopted and examined by the court below as to the assertion of legitimate act.

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