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(영문) 의정부지방법원 2014.06.11 2013노2186

업무방해

Text

1. The part of the lower judgment against Defendant A, B, C, and D shall be reversed.

Defendant

A, B, and C shall be punished by a fine of KRW 400,000.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of Defendant A, B, C, and D (Defendant A, B, and C: fines of 800,000 won, fines of 300,000 won, and fines of 300,000 won) declared by the lower court is too unreasonable.

B. Defendant E’s misunderstanding of facts as to Defendant E’s charges of this case was found guilty on the following grounds: (a) Defendant E was able to have an interest in light of the background of carrying out the work in the field of the J District Construction while entering the block stating “M, union resolution, or strike”; and (b) did not interfere with the victim’s work as stated in the facts charged; and (c) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment; (b) the sentence of KRW 800,000, which was sentenced by the lower

2. Determination

A. Determination of Defendant A, B, C, and D is recognized as circumstances such as: (a) the 7-time fine for a dual offense; (b) the 2-time suspension of execution for a double offense; (c) the 2-time suspension of execution for a double offense; and (d) the 3-time fine for a double offense; (c) the 3-time suspension of execution for a double offense; and (d) the 3-time fine for a double offense; and (e) the 3

However, Defendant D is a primary offender, and the Defendants were found to have caused the instant crime to be committed in order to resist that they were detained in the Korea Land Corporation without proper compensation, and the extent of interference with their duties seems to be relatively minor. The Defendants did not have any history of punishment for the same kind of crime, and the victims did not want the punishment of the Defendants by mutual consent with the victim when they were in the first instance, and considering all the sentencing conditions indicated in the records of the instant case, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

(b).