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(영문) 대구지방법원 2017.09.22 2017노1002

업무방해

Text

The judgment below

The parts of the defendant A, B, C, D, E, and F shall be reversed.

Defendant

A and B shall be subject to a fine of KRW 7 million.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, C, D, E- Fact misunderstanding, and Sentencing 1) - From November 27, 2015 to December 31, 2014 of the 2015 high group of 4748, Defendant A (hereinafter “R hospital”) interfere with the business of occupying the first floor of the R hospital from November 27, 2014 to December 31, 2014 (hereinafter “R hospital”), the Defendants occupied only the right door north of the R hospital’s first floor with the labor union members, and occupied the above route jointly, concurrently, as the Defendants occupied only the right door door of the R hospital’s first floor and occupied exclusively and exclusively. In fact, there was no actual interference with the hospital’s business affairs, and thus, the hospital’s business affairs were not interfered with the hospital’s business affairs.

Even if the illegality is excluded as a legitimate act, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2) The sentence that the lower court sentenced the Defendants to the sentencing unfair is too unreasonable (10 months of imprisonment, 2 years of probation, observation of protection, community service, Defendant D and E: each of the 8 months of imprisonment, 2 years of probation, observation of protection, community service, etc.).

B. Defendant F-misunderstanding of facts, misunderstanding of legal principles, or misunderstanding of legal principles, or misunderstanding of legal principles - The victim suffered injury due to collision with the Defendant, but the Defendant did not have an intention to inflict injury on the victim.

2) The punishment sentenced by the lower court (eight months of imprisonment) to the Defendant is too unreasonable.

(c)

Defendant

G, H, I - Punishments sentenced by the lower court to the Defendants (the Defendants: the fines of KRW 7 million for each of the Defendants) are too unreasonable.

2. Determination

A. Determination as to Defendant A, B, C, D, and E’s assertion of mistake (the part concerning interference with business due to occupation of the first floor of the R Hospital) 1) Defendant A’s summary of the facts charged in this case is the labor union for the general public.