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(영문) 제주지방법원 2013.09.26 2012노448

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was to resist the police’s violent suppression, and in light of the date, place, motive, purpose, mode of conduct, duration of conduct, etc., the Defendant’s act is not sufficient to suppress the freedom of Samsung C&T, a large enterprise, and the large forest industry, and thus, cannot be deemed to have exercised the “defensive force” of the crime of interference with business.

The illegal naval base construction business cannot be considered as a legitimate business with social protection value.

2. According to the evidence duly adopted and examined by the court below, the defendant's act is sufficient to suppress the other party's free will, and as a result, there is a risk that it might interfere with the construction of the naval base in the Samsung C&T industry and the T&T industry, so it constitutes a "compact" under the crime of interference with business, since the defendant's act constitutes a "compact" under the crime of interference with business, since it constitutes a "compact" under the crime of interference with business.

Furthermore, since such a naval base construction project is being implemented with legitimate approval, it cannot be viewed as an illegal construction, and it cannot be viewed that the defendant's act was conducted at a simple port level.

The lower court was justifiable to have convicted of the facts charged of this case.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.