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(영문) 대구지방법원 2013.06.05 2013고정41
업무방해
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On July 201, 201, the Defendant conspired with C in collusion with C, thereby interfering with the victim’s multiple business by force by avoiding disturbance for about one hour, such as: (a) C, intending to get out of the victim’s boom; (b) the Defendant and C, continuing to seek a large number of customers from the victim; and (c) the Defendant and C, which continued to interfere with the victim’s multiple business by force, by avoiding disturbance for about one hour.

B. On September 23, 201, at around 10:30 on September 23, 201, the Defendant: (a) conspired with C to demand the victim to provide alcohol; (b) but was refused, the Defendant purchased alcohol at a nearby store in spite of the victim’s restraint; and (c) obstructed the victim’s multi-live business by force by forcing the customer who found the drinking in the said multi-lock to enter the said multi-lock; and (d) preventing the customer who found the drinking in the said multi-lock from entering the country.

2. The Defendant denies the charges since the investigative agency up to this court.

First, the facts charged are as follows.

Although there is a statement in the victim E investigation agency (the first police statement) as evidence consistent with this paragraph, it is difficult to believe in light of the testimony in this court of E, and other evidence submitted by the prosecutor alone is the facts charged.

It is insufficient to recognize a claim, and there is no other evidence to acknowledge it.

On the other hand, the facts charged are included.

Each investigation report (as shown in the above paragraph, Nos. 71, 84, 289, and 365 of the investigation records) is made as evidence that conforms to the above paragraph, but each investigation report alone leads to the facts charged.

It is insufficient to recognize a claim, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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