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(영문) 수원지방법원 2018.11.08 2018노277
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was at the time of the mistake of facts

B The purpose of this paper is to see the stage under the influence of alcohol and to depict off the flusium by making the flusium with the side tables guests, and there is no disturbance that interferes with the victim's work by avoiding the disturbance.

The Defendant, by taking a hand by a police officer, has forced a police officer to bear a self-written confirmation of a suspect under arrest (hereinafter referred to as the “documents of this case”), and throw away the hand of the police officer by his intention to refuse it, and throw away the documents in the left hand.

The document of this case was only saw, but did not tear, and thus, there was damage to the utility of the document of this case.

It is difficult to see that the defendant's act constitutes a legitimate act as a passive resistance even if it constitutes damage to snow history.

Nevertheless, the judgment of the court below which found the defendant guilty of obstruction of business and damage to public documents is erroneous in fact.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Determination 1 as to the assertion of mistake of fact 1) The following circumstances acknowledged according to the evidence duly investigated and adopted by the court below: (i) the victim D stated in the investigative agency that “the defendant and B interfered with the main illness while the defendant and B resisted the main illness; (ii) the victim boomed them with a heavy voice; and (iii) the police officer I sent to the scene at the court of the court of the court of the court below that “the defendant tolds the police to go up to B for about 30 minutes” while stating that “the defendant attempted to go up to B, he was first difficult for the defendant, and threatened other customers.” (ii) The contents of the 112 report were as follows: (i) the victim D got off the main illness in response to the subsequent tables; and (iv) the police officer called up to the scene at the time at the trial of the court of the court below that “at the time of dispatch to the bottle floor.”

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