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(영문) 제주지방법원 2013.08.22 2012노261

업무방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 50,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With regard to the judgment of the first instance court on the erroneous determination of facts or misapprehension of legal principles, each act by the Defendant does not constitute a “defensive force” of obstruction of business, and thus, it cannot be deemed that there was an obstacle to the progress of construction. Therefore, it cannot be deemed that there was a danger of obstruction of business

The judgment of the court below which found the defendant guilty is erroneous in misconception of facts or misapprehension of legal principles.

(2) The fact that violation of the Punishment of Minor Offenses Act is against the public waters and the right to manage it is against the Jeju Special Self-Governing Province Governor (to which the authority was delegated). Even if the naval headquarters obtained a reclamation license on the old forumba and the coast, it cannot be deemed that it acquires the right to manage it. Thus, since there was no prohibition of entry into and exit from the return market, the former forumba and the coast do not fall under the “area, facility or place where entry is prohibited” under Article 1 subparag. 49 of the Punishment of Minor Offenses Act (hereinafter “the place where entry is prohibited”).

Furthermore, it is not consistent with the legislative intent of the above law to punish the entry into this place because the old forum, the flab and the coast do not have any relation to the retirement storming or social assistance, and the violation of the Punishment of Minor Offenses Act does not have the authority to prosecute the prosecutor.

B) On the second judgment of the court below, the construction project of Jeju naval base was illegally conducted, which is not worthy of protection under the Criminal Act, and each act of the defendant does not constitute a "defluence of interference with business". Since the defendant's exercise of the right of appeal against citizens, it constitutes a legitimate act or an act of emergency evacuation. 2) The sentencing of each court below on the grounds of unfair sentencing (one year of suspended execution and a fine of 50,000 won in April, and the second judgment: one year of suspended execution in 6 months), is too unreasonable.

B. The lower court’s sentencing by each prosecutor is too uneasible and unreasonable.

2. Grounds for appeal for ex officio determination