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(영문) 광주지방법원 2013.09.11 2013노506

업무방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the legitimate evidence revealed in the grounds of appeal in the instant case, it is sufficient to recognize the facts charged. Therefore, the lower court erred by misapprehending the facts charged.

2. Determination

A. Prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor, the prosecutor applied for amendments to an indictment to delete the part of the facts charged against the Defendant, “after the prosecutor releases boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom in the judgment of the court below.”

However, the above argument of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

B. On April 11, 2012, from around 08:00 to around 09:30 on April 11, 2012, the Defendant: (a) was the representative of C; and (b) at the official yard adjacent to the E station located south of D, the Defendant used the Fran Truck truck (25 tons, early straws) owned by the Defendant, which was requested from the victim G to install electronic display boards at the H construction site; (c) caused damage to the I-owned co trucks (4.5 tons) parked next to the victim G; (d) left the said construction site. If the victim did not continue to work, the lower court did not pay construction costs if it was defective that the victim would not continue to do so; and (e) sought to install electronic display boards on behalf of both the Defendant, “The Defendant was unable to perform the duty of installation by force of the victim; and (e) the lower court did not install the electronic sign board to the employees of K, who tried to install the electronic sign board on behalf of the Defendant.”