업무방해
All appeals by the Defendants are dismissed.
1. The gist of the grounds for appeal (documents and arguments submitted after the lapse of the period for appeal) is to be considered to the extent of supplement in case of supplement in the grounds for appeal. The remaining Defendants except Defendant B did not timely file the grounds for appeal, subsequent to the lapse of the period for appeal, on which the
In the event of mistake of facts (the defendants) there was a fact that the defendants visited the construction site of this case, but the defendants A, B, and C demanded the field employees to suspend the construction work, and only the defendants D, and E affixed photographs on the entrance side of the site.
There is no fact that the Defendants prevented access to ready-mixed vehicles and materials transport vehicles at the construction site.
Nevertheless, the court below determined that the defendants interfered with the construction work by preventing the progress and access of the construction vehicle. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
(B) The Defendants asserted that the Defendants’ act does not constitute a constituent element of the crime of interference with business, but this is ultimately the same as the allegation of mistake of facts.
The defendants' actions of political parties (the defendants) requesting construction suspension to the employees at the construction site at the time of the instant case are justified as acts that do not violate the social rules.
C. The punishment of the lower judgment (Defendant B) on the grounds of unreasonable sentencing is too unreasonable.
2. Determination
A. According to the evidence duly examined and adopted by the lower court regarding the Defendants’ assertion of mistake of facts, Defendant A, B, and C entered the construction site of this case at the time and time indicated in the facts charged in order to request the suspension of the instant construction. Defendant D, and E also arrive at the construction site of this case after receiving contact from the said Defendants and about about 30 minutes, and Defendant A, B, and C at the time of this case demand the suspension of construction.