업무방해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the Defendant was unable to use electricity in a store owned by the victim E located immediately next to the Defendant’s store (hereinafter “victim store”) and thereby obstructing the Defendant’s business by iceing the construction of the D (hereinafter “Defendant store”) owned by the Defendant in Daegu-gun-gun, or by extinguishing the construction of the D (hereinafter “Defendant store”), thereby obstructing the Defendant’s business.
Nevertheless, the lower court erred in misapprehending the facts charged and acquitted the Defendant of the facts charged.
2. According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.
On August 25, 2012, electricity for part of the victim's store was prevented (hereinafter "the first part").
G in the same business relationship with the victim thought that the control tower in charge of electricity in the victim's store was prevented from electricity in the defendant's store, and therefore, he saw that the defendant prevented electricity in the defendant's store, but he was able to punish the defendant's living with the defendant.
Accordingly, the victim and G carried out the connecting construction that allows the use of electricity in the victim's stores by using a part of the connected parts in the victim's stores on the following day, and used the electricity normally.
On August 30, 2012, the Defendant performed a partition construction on a part of his own store, and the Defendant requested F, an electrical safety supervisor of the Defendant shop, to block electricity on the Defendant shop.
Witness
F Considering that it is necessary to take an electric blocking measure against the store owned by the Defendant to prevent electricity accidents, F, at around 10:00 on August 30, 2012, sent an electric blocking device connected to the Defendant store, and F, as Defendant.