명예훼손등
The judgment of the court below is reversed.
The accused shall announce the summary of the judgment of innocence.
1. The decision cannot be made as to whether the business of the C Housing Redevelopment Improvement Project Association is interfered with without any modification to an amendment to the indictment that was charged with the business of D as to the summary of the grounds for appeal (the factual error and the violation of law
The defendant posted this article is a interference with D's business operations.
2. The lower court determined as to the assertion of legal violation as to whether the redevelopment association’s business operation was obstructed without any changes in the indictment that prosecuted the person interfering with D’s business affairs.
The main body and content of the business, which is the element of the crime of interference with business, are judged differently.
The judgment of the court below is erroneous in law that affected the conclusion of the judgment.
3. The appeal by the prosecutor of conclusion is with merit.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
1. The summary of the facts charged is a member of the C Housing Redevelopment Project Association located in Busan Jin-gu B.
On December 23, 2017, the date of the selection of the maintenance company by the maintenance company, the defendant had tried to escape the victim D, one of the bidding companies.
On December 12, 2017, the Defendant posted a letter stating that “D is a friendship relationship between the maintenance business entity that G and H spreads in the city, and D’s representative, using smartphones on the bulletin board of C members, at around 10:00 on December 12, 2017, the Defendant committed the crime of December 12, 2017.”
In fact, however, the victim company did not have a relationship with the E-Maintenance Business.
The defendant spreads false facts to interfere with the business of the victim company.
B. On December 13, 2017, the Defendant committed the crime of December 13, 2017, using smartphones on the bulletin board of C members F of C members, stating, “No. 1 D is known to be a company that is linked to the E maintenance business at the time of the president of G association, and will understand the details once again.”