업무방해
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 1,000,000.
The above fines are imposed by the Defendants.
1. Summary of the grounds for appeal (common to the Defendants)
A. The act of misunderstanding the facts or misunderstanding the legal principles by Defendant B, in itself, does not pose a risk of obstructing the victim E’s work.
In addition, there was no conspiracy for the Defendants to interfere with the above E construction work, and Defendant B’s act of putting the upper stones on the road as stated in the facts charged and Defendant A’s act of speaking to the site warden H, etc. as described in the facts charged are nothing more than an act individually committed. Nevertheless, the Defendants conspired to interfere with the victim E construction work as described in the facts charged.
The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court’s improper sentencing (a fine of two million won per fine) is too unreasonable.
2. Determination
A. 1) The summary of the factory laboratory is the one who resides in Scheon City D, and the Defendants are the NAN-ray.
On September 2015, the Defendants committed a new construction of housing (hereinafter “instant construction”) with the victim E, a nearby the Defendant’s residence, at the Pocheon-si F, the nearest area of the Defendant A, and attempted to prevent the victim, who caused inconvenience to the residents of the existing village, on the ground that the victim E, carrying out a new construction of housing (hereinafter “instant construction”) on the river side, piling a straw with stone on the access road, etc.
Defendant
B around 09:00 on September 29, 2015, at the site of the instant housing construction project, Defendant B brought her upper end (1.8m in width and 1m in height) to make large vehicles, such as refarcers and reconcing vehicles, on the land of Ycheon-si, the mother of Defendant B on the access road to the village, for the purpose of making it impossible for Defendant B to pass through the road (1.8m in width and 1m in height). Defendant A around September 30, 2015, around 09:00, to the victim’s house construction site, whether the she was smuggling “;
When the construction is conducted, sn beamline will be sniffed and sniffed."