(영문) 수원지방법원 2018.01.04 2017노7230 | 리걸엔진

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(영문) 수원지방법원 2018.01.04 2017노7230

업무방해등

Text

Of the convictions and innocences of the lower judgment, the part concerning interference with business on March 14, 2017 shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The Defendant’s judgment convicts the Defendant on March 24, 2017, and on March 31, 2017, the attitude of obstructing each business on April 27, 2017, which was the following: (a) the Defendant’s act of obstructing each business was excessively comprehensive; (b) the victim failed to make a statement by specifying the details of the Defendant’s specific act at the lower court; and (c) the Defendant reported as a business with the main point of the victim on April 24, 2017 and the victim was subject to the suspension of business, and thus the victim’s statement is insufficient to support each of the above interference. In light of the above, there is insufficient evidence to support it.

Nevertheless, the judgment of the court below which found the defendant guilty of each part of the facts charged is erroneous.

2) In light of the fact that the prosecutor defendant found the main points of the victim several times and interfered with the business, so it is impossible for the victim to accurately memory the specific date and time, the victim specified the date and time by reporting the 112 Report Processing Table, but the situation at the time was considerably specific, etc., the defendant can be found to interfered with the business at the victim's main points even on March 22, 2017.

Nevertheless, the judgment of the court below which acquitted each part of the facts charged is erroneous as a matter of fact.

B. Improper sentencing 1) The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2) The lower court’s above-mentioned sentence is too unhued and unreasonable.

2. Determination as to the assertion of mistake of facts by Defendant and Prosecutor

A. On February 5, 2017, at around 01:02, the Defendant: (a) 01:02, operated by the victim D, who was in Suwon-si C, Suwon-si; (b) under the influence of alcohol, the Defendant expressed customers with a large interest of “Chhh hh h h h h h h h h h h h h h h h h h h h h h

Defendant from that time to that year

4. up to 27.

유사 판례

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