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(영문) 광주지방법원 2015.07.07 2014노2234
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Of the judgment below, the Defendants’ act of mistake of facts and misapprehension of legal principles as to the portion not guilty constitutes the crime of interference with business by force, and without recognizing it, the court below erred by misapprehending the rules of evidence and misapprehending the legal principles as to the force of the crime of interference with business.

B. The lower court’s sentence against Defendant A (the 300,000 won suspended sentence) on the grounds that the suspended sentence is too uneasible and unfair.

The judgment below

Facts charged of not guilty

A. Defendant A, from around 17:00 on July 11, 2013 to 17:40 on the same day, took a bath at the “F cafeteria operated by the victim E victim D in the new Military E-Gun,” and obstructed the victim’s restaurant business by force, such as: (a) avoiding disturbance; (b) the customer at the same place drop out; and (c) the customer at the same time throw away from outside.

B. Defendant B is the above.

At the time, at the time, at the time, and at the place specified in the port, the victim expressed the victim D that the victim “I wish to drink an son. I will not see any bad fright, fright, or fright,” and that the victim’s restaurant business was obstructed by force, such as “I fright to die” and “I fright to die.”

Judgment

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles: (1) although Defendant A sealed the victim's chest with the victim in both hands as a result of the return of the two keys within the F cafeteria, the victim was also fighting against Defendant A; (2) Defendant A did not exercise any tangible power other than the act of not having the victim's chest; (3) even if Defendant A entered the victim's chest into the restaurant with his family and took a bath together with his family, the time is limited to three minutes; (4) Defendant A reported the victim's wife to the police; and (5) Defendant B expressed the victim's abusive with the victim's wife; but the time is within one minute and outside the restaurant; and (5) at the time.

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