(영문) 수원지방법원 2017.03.31 2016노9210 | 리걸엔진

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(영문) 수원지방법원 2017.03.31 2016노9210

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who was aware of the fact, experienced violence from three male men in a “E” drinking house (hereinafter “the instant drinking house”) operated by a person who was aware of the fact, while drinking alcohol in a “E” drinking house (hereinafter “the instant drinking house”).

Accordingly, the defendant was assaulted by the victim by the victim, and the victim was the customer of the victim, and the victim was asked to search for the victim, and requested to do so. As stated in the facts charged of this case, the defendant did not interfere with his business by verbal abuse of the victim or blocking the access of the customers who were in drinking.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the following facts and circumstances, which can be acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the first instance court and the trial court, the Defendant may fully recognize the fact that the Defendant interfered with the drinking business of the victim as stated in the instant facts charged.

Therefore, this part of the defendant's argument is without merit.

1) The victim and witness made a detailed and detailed statement at an investigative agency about the background of the instant crime, the time of the crime, and the situation before and after the crime.

There is no special contradiction in the statements of victims and witnesses, and there is also a reasonable explanation of the current situation and there is credibility.

The victim made a false statement by gathering the defendant or setting up the agreement, etc.

It is difficult to find out any special reason.

2) On the internal investigation report prepared by a police officer who was dispatched to the instant drinking house upon receipt of a report 112, “The Defendant tried to drink and assault the victim in the course of hearing statements from the victim and the Defendant on the site.

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