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(영문) 광주지방법원 2017.08.31 2017노523

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles as to interference with business affairs, although the private land of village residents is included in the instant construction section, the victim violated the conditions of permission to occupy and use roads without the consent of the owner. Thus, the instant construction constitutes a business that does not constitute a legal interest in the protection of the crime of interference with business affairs. Although the victim agreed not to carry out construction on the front road portion of the Defendant’s house for a certain period, the victim voluntarily carried out construction without the notice of resumption of construction, thereby preventing the Defendant from doing so.

The construction works of this case had several substantive and procedural defects, and the defendant's act constitutes a legitimate act because it made a claim on behalf of the residents.

2) The Defendant’s filing of a civil petition, etc. with respect to attempted attempts to commit the instant construction cannot be deemed as intimidation to resolve the defects of the instant construction. The Defendant’s filing of a civil petition cannot be deemed as intimidation, which is the means of the crime of conflict. The Defendant’s filing of a petition with respect to the claim for compensation was conducted with the delegation of the residents opposing the compensation presented by the victim, and the Defendant did not have any intention to

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. According to the evidence duly adopted and examined by the lower court and the first instance court, including the facts of recognition, the injured company obtained permission from the newanan-gun on March 10, 2014 to occupy and use the road, and conducted the instant construction from around that time, including the private land prices of certain residents, such as the road in front of the house where the Defendant resides in the instant construction section (which is owned by the Defendant’s Chok T). ② At the first village public hearing held on April 4, 2014 by the damaged company, the residents are stored in the agricultural machinery storage as a civil petition resolution and compensation set for the instant construction.