업무방해
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles is the president of the merchants' association in which the victim's store in this case belongs, and the defendant took an indefinite measure of business suspension as a means of sanctions prescribed by the rules, due to the victim's violation of the rules of operation. There was no intention to obstruct the operation of the victim's garment store, and installing locks on the packaging which covers the store after deducting the booms inside the store was done by taking a measure of business suspension for seven days prior to the measure of indefinite business suspension. Even if it is not a domestic affairs, the defendant's act is not illegal because it constitutes a legitimate act permitted by the rules
B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor tried to examine the reasons for appeal on the judgment of ex officio, and the prosecutor applied for amendments to the indictment with the content that the portion of the Act was changed to the Act by force, such as by means of force, such as putting the front section in the shop, cutting off the front section in the shop, replacing the packaging materials with which the store covers, etc., and the subject of the judgment of the court below was different by permitting it. Thus, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to a trial at the court within the scope of the changed facts charged.
3. Judgment on misconception of facts or misapprehension of legal principles
A. The Defendant, as the president of the merchants' association in Jung-gu Seoul Metropolitan Government, is garment and miscellaneous sales prizes in the first floor of the shopping mall.
The Defendant, from October 10, 2013 to October 18:00, 2013, at the clothing store operated by the victim E, “D” underground floor of the above “D” from October 10, 2013 to October 15, 2013, the victim deviate from the business hours without permission.