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(영문) 제주지방법원 2013.10.24 2013노3 (1)

업무방해

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

가. 피고인들 1) 사실오인 내지 법리오해 가) 피고인 B, C에 대한 업무방해의 점 피고인 B, C은 이 사건 공소사실과 같이 공사현장 주 출입구 앞에서 팔짱을 끼고 연좌를 하지 않았으며 업무방해의 고의도 없었다.

B) Defendant A, D, F, G, and H’s interference with business did not intend to interfere with their business, and there was no intention to interfere with their business. Moreover, even if Defendant A, F, G, and H’s act was committed at the time of the instant case, it was a vehicle with the entrance and exit at the construction site and could not return to the construction site, and there was no risk of interference with the construction work. In addition, the Defendants’ act does not constitute force on the crime of interference with business, and the other party to the exercise of power did not fall under the force of the crime of interference with business, and the act of the said Defendants is merely a peaceful assembly, and the act of the said Defendants is merely an act of holding a peaceful assembly, and thus constitutes a legitimate act. 2) Even if the Defendants were guilty of unfair sentencing (a fine of KRW 3,00,000,000).

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below that Defendant B and C interfered with the business of Defendant B and C, namely, that Defendant B and C agreed with the remaining Defendants to oppose the construction at the construction site of this case and demanded the suspension of construction at the construction site of this case; Defendant B and C stated that Defendant B and C had observed a witness at the front of the entrance of the construction site at the time of this case; Defendant B and C attempted to restrain police officers who want to arrest demonstrations.