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(영문) 서울중앙지방법원 2012.11.23 2011노4033

일반교통방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. On July 2, 2008, the court below's decision (the first instance court) rejected the defendant's violation of the Assembly and Demonstration Act related to the strike on June 1, 2008 (the "E"), i.e., violation of the Assembly and Demonstration Act related to the strike on June 11, 2007 through 12, i.e., violation of the Assembly and Demonstration Act related to the assembly on November 11, 2007 and general traffic obstruction related to the assembly on November 11, 2007 (the "E"), ii) violation of the Assembly and Demonstration Act related to candidate candidate check related to the BZL on December 13, 2007, 7) obstruction of business related to U.S. beef transportation, i.e., obstruction of business related to AE group's violation, ii) violation of the business related to AE group's violation of the Act, i.e., violation of the Act, and 2).

The Defendant appealed against the judgment of the party before remanding the case. The judgment of remanding the case is erroneous in the misunderstanding of legal principles as to the crime of interference with business, which affected the conclusion of the judgment by misapprehending the legal principles as to the crime of interference with business, and thereby finding the Defendant guilty of this part of the facts charged, and the judgment of remanding the case is erroneous in the misapprehension of legal principles as to the crime of interference with business, which affected the conclusion of the judgment, in light of the fact that the place of business where it is difficult to deem that serious confusion or enormous damage was caused to the business operation of the user as the place of business under the crime of interference with business.