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(영문) 서울북부지방법원 2014.08.13 2014노653

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence of erroneous determination of facts and the circumstances recognized thereby, this case’s business obstruction is recognized against the defendant.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too uneasible and unfair.

2. Determination

A. 1) On August 30, 2013, the Defendant, together with I, J, and K, dumped the gist of this part of the facts charged. At the same time, the lower court determined that: (a) around 20:00, the Defendant was unable to carry the dump of the victim E (46 years old) who is the main owner of the above dump when she talks with other customers; and (b) the Defendant was unable to carry the dump of the dump of the head of the above dump; (c) the Defendant was unable to carry the dump of the head of the above dump; (d) the Defendant was unable to carry the dump of the head of the above dump; and (e) the Defendant was unable to carry the dump of the head of the above dump and the dump of the victim’s bar by force; and (e) the Defendant was unable to lawfully carry the dump of this part of the facts charged.