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(영문) 서울동부지방법원 2018.11.28 2018노1127

업무방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) did not interfere with a victim’s work, and there was no writing on H with a view to slandering the victim.

Even if the defendant's above act is recognized, the defendant, as the owner of the building B and the Gosiwon, caused such an act to observe the ownership of the above Gosiwon, and thus, it does not constitute a legitimate defense or a legitimate act.

The punishment of the lower court (2 million won) is too unreasonable.

B. The prosecutor (unfair assertion of sentencing) of the lower court’s sentence (2 million won in penalty amount) is too unhued and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts and legal principles, the Defendant entered the entrance fee of KRW 420,00,00 and the occupancy period of KRW 14,20,00,000 and KRW 3,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.