업무방해등
All appeals by the Defendants are dismissed.
1. The Defendant filed an appeal against the lower judgment on July 24, 2019, but did not state the grounds for appeal in the petition of appeal. On August 14, 2019, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, even if he/she received the notification of the receipt of the notification of grounds for appeal from this court, and even after examining the record, the Defendant did not find the grounds for ex officio investigation
Therefore, the appeal by the defendant should be dismissed by decision in accordance with Article 361-4(1) of the Criminal Procedure Act, but as long as the remaining defendants' appeals are ruled, the dismissal of appeal shall not be decided separately and shall be declared together by decision.
2. Determination as to Defendant A and B
A. The summary of the grounds of appeal 1) mistake of facts N does not pay any consideration, and O walks recorded in the facts constituting the crime in the judgment of the court below (hereinafter “instant building”) dealing with the defendants’ blood and blood.
2) The Defendants, while occupying the instant building and taking illegal and unfair profits, do not have the victim. (2) Since N illegally occupies the instant building even after the term of lease expires, and N does not clearly specify what management duties are to be performed, N’s duties are not subject to protection of interference with business. (b) The Defendants, while holding the key to access to the electric room, machinery room, etc., which is the core facilities of the instant building, are indirectly occupying the said building, and thus, the Defendants’ act of having access to the said building and exercising the right of retention during the process of converting it into direct possession, constitutes legitimate act.
B. We also examine the misconception of facts and misapprehension of legal principles.
1) As to the assertion that the business is not subject to protection of the crime of interference with business [Article 5(1) of the Criminal Act], the crime of interference with business is committed under the Criminal Act.