(영문) 광주지방법원 2017.02.02 2015노3590 | 리걸엔진

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(영문) 광주지방법원 2017.02.02 2015노3590

업무방해

Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the public prosecutor’s statement B to the effect that the defendant A suffered an injury by assaulting the defendant at the time of the instant case, it is reliable, the facts charged against the defendant A are fully found guilty.

However, the court below that acquitted Defendant A is erroneous in the misconception of facts.

B. Defendant B (1) at the time of the instant case by misunderstanding the facts and misapprehending the legal principles, there was no intention to obstruct the Defendant’s bathing business operation of a bath business, and the Defendant committed an assault against A, and thus, it does not constitute an act of interference with business.

Although the court below found the defendant guilty, there is an error of misunderstanding of facts and misunderstanding of legal principles.

(2) The sentence of the lower court (an amount of KRW 500,000) that was unfair in sentencing is too unreasonable.

2. Determination

A. Judgment B on the grounds of appeal by the prosecutor is that at the time of the instant case, the investigative agency and the court of the court below suffered an injury by assaulting the Defendant A.

In other words, I made a statement that seems to correspond to the facts charged against Defendant A.

In that end, B was assaulted at the time of his first visit to F operated by Defendant A and at the time of his second visit to F.

The statement was made (15,16 pages of evidence), and the facts charged about Defendant A are written mainly by assault that B was made at the time of the first visit.

However, B was assaulted only at the time of visiting a two-lane in the court of original instance.

The statements are not consistent with those statements.

In addition, at the time of 1000 documents written by F as customers

G In the court of the court below, while taking a bath in a bath in the court of the court below, out of the outside through a slick window. B was drick and Defendant A was only reported out of the outside.

shall not be inconsistent with B’s statements.

In light of this point, B's statement is not reliable.

유사 판례

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-대구지방법원 2018.01.26 2017노2156

-광주지방법원 2018.05.31 2017노3102