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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 제주지방법원 2020.02.13 2019노120
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The video files recorded in CDs stored as evidence by the prosecutor of the gist of the grounds for appeal (hereinafter “the copy of the instant case”) are admissible as evidence, where police officers at the time of the instant case copied the video files recorded by using the camping cocoin as they were in the original form, and are admissible as evidence.

Therefore, the lower judgment that denied the admissibility of evidence of the copy of the instant case and acquitted the Defendant of the instant facts charged is unlawful.

2. Determination

A. Of the evidence as to the facts charged of this case, since it is difficult to recognize the identity or integrity of the original by copying the original as it is difficult to confirm that the original was made by copying the original 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, among the evidence as to the facts charged of this case, the lower court determined that: (a) as evidence to prove the same form and content as to the similar case, the N and N’s written statement and each damaged material were prepared in a uniform form with the same contents as to the similar case, and thus, (b) the probative value as evidence to prove the specific act of the Defendant is extremely low; (c) the witness P and Q’s written statement is insufficient to prove the facts charged; and (c) it is difficult to prove that there is no direct value of witness evidence as to the facts charged of this case by the prosecutor on the ground that there is no direct value of witness evidence as to the witness’s statement as to the facts charged of this case.

B. The lower court’s aforementioned determination is as follows, which can be known through the records of the instant case.

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