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(영문) 부산지방법원 2015.08.21 2014노4497

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts stated in the judgment of the court below, the defendant did not interfere with the entry of promotional personnel employed by the Busan, Seo-gu D Housing Redevelopment Project Association (hereinafter "the Housing Redevelopment Project Association"), or the above promotional personnel's business. ② As to the facts stated in paragraph (2) of the crime of the court below, the defendant only turns out to the public relations personnel's vehicles parked in front of the defendant's office at the lower date on November 15, 2013, and did not take a humping or prevent them from entering the above vehicles. ③ As to the facts stated in paragraph (3) of the crime of the judgment of the court below, the defendant did not call to the public relations personnel or entry of the above vehicles. ③ As to the facts stated in the judgment of the court below, since the defendant had already arrived between the promotion personnel and residents at the place of this case, it was the fact that the public relations personnel and residents would rapidly board the vehicle. However, the judgment of the court below which found the whole guilty of the facts charged of the case.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated the evidence on the assertion of mistake of facts, namely, ① the promotional personnel employed at the Housing Redevelopment Association, as a witness at the lower court court court’s court, stated that the Defendant was present at the court and made a statement to the effect that “each promotion personnel would have prevented the Defendant from entering the vehicle and expressed his desire to do so whenever they would give publicity,” and ② the Defendant also stated that “as at the first trial of the first instance court, the Defendant appeared as a witness at the court of the lower court,” and that “K, the same as the Defendant, was present at the court of the lower court, and the Defendant, at the same time, expressed to the promotion personnel at the time of the instant case.”