업무방해
All appeals filed by the prosecutor against Defendant A, C, F, H, I, J, K,O, P, and Q and the appeal filed by Defendant L are dismissed.
1. Summary of grounds for appeal;
A. Prosecutor 1) Defendant F, H, I,O, P, and Q, rather than Defendant F’s statement in the original trial by the lower court, there is more concrete and consistent and more credibility than Defendant F’s statement in the investigative agency. In full view of Defendant F’s statement in the investigative agency, the circumstances surrounding Defendant F’s statement and security service, and the situation at the time of security service, Defendant F appointed Defendant F as Defendant J, K as a security service company with intent to interfere with the duties of other personnel service providers. Defendant J and K also knew of the fact, and thus, the Defendants’ intent of interference with the duties is recognized. Accordingly, the lower court’s judgment that acquitted the Defendants on the ground that there was an error of law by misapprehending the facts, which affected the conclusion of the judgment, and thus, the lower court’s decision that acquitted the Defendants on the ground of unreasonable sentencing (a.g., fine of KRW 7 million, Defendant A, I, H, P, and Q is unreasonable. 3 million won and fine of KRW 5 million, respectively.
B. The lower court’s punishment of Defendant L on the Defendant’s assertion of unreasonable sentencing (a fine of KRW 1.5 million) is too unreasonable.
2. Determination of the Prosecutor’s assertion of misunderstanding of facts against Defendant F, J, and K
A. On September 3, 2010, the Defendants: (a) knew on September 3, 2010, at the 10-site of the Daejeon Seodong-dong Seodong-dong Dosan-dong, that human management business entities, such as AG, are competing with business orders; (b) concluded a security and security contract with the said apartment contractor; (c) subsequently, the said victim AF, etc. failed to carry on business operations; and (d) recruited the Defendants to receive human business orders.
On September 3, 2010, in the apartment complex of 10 complexes of the Seosung-dong, Seosung-dong, Daejeon-dong, Daejeon-dong, the defendant J entered into the security contract with the defendant F and placed security guards at the entrance and exit of the apartment, and operated the business within the apartment complex.