업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant, by misapprehending the legal principles, committed a banner on the floor in accordance with the victim D’s instructions, who managed the golf course, and thus, there was a victim’s understanding or consent.
Even after that, since there was no active control of the victim, the victim's implied consent is continued.
I think.
Even if the victim is not understood, the Defendant committed an intentional act by mistake of the victim’s intent, and thus, cannot be punished under the Criminal Act.B. The sentence of the lower court (one million won of punishment, one million won of provisional payment order) against the unfair defendant in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court on the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the facts that the Defendant first placed a banner on a parking dog, and the Defendant reported to the police who moved the banner in the front of the entrance, can be acknowledged. At the time of the instant case, the injured party understood or consented to the installation of the banner by the Defendant.
and there is no reasonable ground to believe that the defendant had a legitimate reason to mislead the victim's intent.
It is also difficult to see it.
Therefore, this part of the defendant's assertion is rejected.
B. An unfavorable circumstance is that the Defendant, even in the year 2015 and 2016, had a record of obstructing his/her duties in the same golf course as the instant case, and that there is no effort to deny the crime and to recover damage, and that there is a concern for re-offending.
On the other hand, however, according to the on-site closed television shield photographs (Evidence Nos. 51 to 53 pages), the Defendant’s act of putting a banner on a parking dog to interfere with parking is limited to three minutes, 15 minutes in front of the entrance, and 20 minutes in front of the entrance.