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(영문) 서울서부지방법원 2016.02.17 2015노1765
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Regarding the charge No. 1-b, No. 1-b, and No. 1-b, of the facts charged, the Defendant visited the victim D’s main points of “E” operated by the victim, but did not take a bath or exercise power.

In relation to Article 1(c) of the facts charged, although the Defendant visited the victim G’s main point of “H” operated by the victim G, there was no disturbance or use of force, such as wrapping with another person.

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous by mistake of facts.

B. Mental and physical weakness (Articles 1-A, 4, and 2 of the facts charged) Defendant 1 met at the time of committing each of the above facts charged and was in a mental and physical state.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of all the facts charged Nos. 1-B and 1-3 on the basis of the evidence presented at each time. In full view of the following circumstances known from the evidence duly adopted and examined by the lower court, the above facts charged are fully recognized, and thus, the lower court’s judgment is just and acceptable, and contrary to the Defendant’s assertion, there were errors of misunderstanding of facts.

subsection (b) of this section.

The defendant's assertion of mistake of the above facts is without merit.

① In relation to the facts charged No. 1-B, even though the victim D did not engage in any other behavior in the lower court’s trial, the victim D’s first instance judgment stating that “When she takes part, she did so, she only caused damage. yer and coffee.”

” 는 취지로 증언하기는 하였지만, 곧이어 “ 피고인이 난로는 찼지만, 저는 안 때렸다.

The testimony stated that there was an act interfering with the defendant's business. Ultimately, the victim D's above.

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