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(영문) 서울남부지방법원 2019.01.10 2018노730

업무방해등

Text

1. Of the lower judgment, the Supporter P in the process of hiring the first half of the year 2016.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the mistake of facts, misunderstanding of legal principles, and unfair sentencing) 1) misunderstanding of facts and misunderstanding of legal principles (the part of the charge) are merely referred to the purport that “the Defendant is a person of J, who supported B, and thus requests or requests a person to be informed of whether he or she has come to his or her application.” Moreover, the Defendant cannot be recognized as having changed his or her successful applicant from L to J. Accordingly, the Defendant does not constitute a crime of interference with business. Nevertheless, the lower court’s judgment that convicted the Defendant of this part of the charge was erroneous in matters of mistake of facts and misunderstanding of legal principles. 2) The sentence of imprisonment (eight months) sentenced by the lower court is too unreasonable.

B. Prosecutor (in fact-finding, mistake of facts) No. 1-A of the facts charged.

In light of the part of Paragraph (P-related Business Interference) (P-related Business Obstruction), K made a clear statement that “K has received W from the Defendant before and after the Defendant’s solicitation, reported the Defendant to change the points of P, there is a possibility of mistake in the testimony of S to the effect that “P is the next day until March 14, 2016,” and even according to the statement of K, there is no doubt about P from any other person than the Defendant, it is recognized that K passed the change of the points of P in accordance with the Defendant’s direction.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. First of the facts charged

(b).

The part of Paragraph G(U and AB’s interference with each business affair) states that “I did not receive any report on the progress of passing in relation to the fishing, and I would not approve if I knew of the fact that I received a disqualified grade,” and that G would not receive any report on the background of passing in relation to “AB,” and that Y would not refuse to pass the report because Y would not be good.