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(영문) 제주지방법원 2020.01.30 2018노798
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that video files recorded in the video CDs as evidence by the prosecutor (hereinafter “the copy of this case”) were copied from the video files recorded in CCTV installed at the scene at the time of the instant case and the video files recorded by police officers using camping cams in the site, and their admissibility is recognized. Therefore, the Defendant constitutes crime of interference with business.

2. Determination

A. Of the evidence as to the facts charged of this case, the court below acknowledged the identity or integrity of the original as it is difficult to confirm that the original was created by copying the original as it is without any artificial adaptation such as editing in the process of creating a copy of the original recorded at the time of the defendant's act in the case of ① the copy of this case, the photograph of the copy and the images of the above copy, and the video of the above copy, and the investigation report on the contents of these contents are inadmissible as evidence, and it is not admissible as evidence. ② The AU, Z, and AV's statement and each damage list, etc. are prepared in the same form and contents as to the similar case, and have very low probative value as evidence to prove the specific acts of the defendant. Also, the police statement of the witness AV and the Z are very low in probative value as evidence to prove the defendant's specific acts, ③ the witness WY, AY, Z, and Z have no direct value in the facts charged by the prosecutor or its independent police officer.

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