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(영문) 의정부지방법원 2017.06.16 2017노17

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding D could avoid disturbance by setting up the books of the F-sale Office operated by the victim C in the form of the F-sale Office (hereinafter referred to as the “F-sale Office”) or fighting the body with the victim, and the defendant did not interfere with the sale of the damaged person, such as the facts charged, in collusion with D, etc.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (2 million won in penalty) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of mistake of facts is based on the evidence duly adopted and examined, i.e., ① there was a dispute between the victim operating the real estate sales office and the office for sales of office bonds, ② the Defendant’s desire to hear from the victim in the process, and ② the Defendant requested D to leave the above sales office with himself/herself at the above sales office at around 16:50 on March 17, 2016; ③ the Defendant and D met with the victim’s sound at the above sales office for about 30 minutes from that date to 17:10 on that date; ③ the Defendant and D met with the victim’s sign at the above sales office for about 30 minutes from that date, such as drinking the books at the above sales office, and drinking the books at the sales office; even if the Defendant would have taken place the books at the above sales office.

Even if the defendant is the joint principal offender of the crime of interference with the sale of goods to the victim, the defendant is also liable for the crime.

Therefore, we cannot accept the defendant's assertion of facts.

B. The Defendant acknowledges objective factual relations regarding the wrongful argument of sentencing.

A defendant shall not have been punished by a fine in excess of a violation of his/her duties.

On the other hand, the defendant visited the victim's sales office several times prior to the instant case.