업무방해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have undertaken construction works in consultation with H by the victim G. Thus, there was no intention to obstruct the victim’s construction work, and there was no direct interference with construction works by means of creating a sloping bridge, and the construction work was discontinued only when it was conducted in the vicinity of the “M” restaurant that is damaged by the instant construction work. This constitutes a legitimate act, which constitutes an act of the head of the management department who should manage the entire building safely, and pursue common interests of the commercial building.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. (1) According to the evidence duly adopted and examined by the court below, it can be recognized that the defendant led a bridge used by the Corporation to prevent the progress of the exhaust pipe construction, and the defendant was unable to carry out construction by permanently staying two service employees at the construction site for seven days. Thus, the defendant's intent to interfere with the construction is sufficiently recognized.
She also received an objection from other lessees, the service was mobilized as part of the exercise of force rather than the procedure prescribed by the law, and the means and method of construction obstruction can not be deemed appropriate in light of the fact that the period of construction obstruction was seven days. Thus, the defendant's act cannot be deemed as a justifiable act.
Therefore, the defendant's above assertion is without merit.
B. The Defendant, who did not have any specific criminal power to determine the allegation of unfair sentencing, did not want to punish the Defendant, did not want to damage the Defendant, and was responsible for management due to other lessee’s resistance to the installation work of the exhaust pipe, cannot be disregarded.