업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The part of the damage to property (definite and misunderstanding of legal principles) is deemed to constitute the damage to property that harms the utility of the exhaust pipe by separating the connecting equipment of the exhaust pipe from the unit to the point of view, and the Defendant did not cause any damage to the removed exhaust pipe by generating the removed exhaust pipe and moving it to the place of fire. The separation of the connecting equipment of the exhaust pipe does not constitute the damage to property that damages the exhaust pipe’s use. Despite the fact that the part of the exhaust pipe damaged by the Defendant was not owned by the complainant, the lower court convicted the Defendant of this part of the facts charged, by misapprehending
B. Despite the misapprehension of the legal principles as to the grounds for the exclusion of illegality, the complainant, without permission, uses the facility installed in the ceiling of the store owned by the Defendant, and does not have any effective and appropriate means of lawsuit. Thus, it is a legitimate act that does not violate the social rules, or is considerably difficult to preserve the claim by legal procedure to avoid difficulty in its execution.
Nevertheless, the lower court convicted each of the facts charged of this case by misapprehending the legal principles on the grounds for the exclusion of illegality.
C. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Judgment on the damage to property
A. The summary of this part of the facts charged and the summary of the part concerning the damage to property among the instant facts charged by the lower court is the victim company by means of: (a) the Defendant removed part of the exhaust pipe installed outside the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government building on November 23, 2012, and then started by generating and destroying the part; and (b) throwing it out to an insular location.