업무방해
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles), the facts charged in the instant case can be fully convicted.
However, the judgment of the court below which acquitted the defendant shall be erroneous by misapprehending the legal principles.
2. Determination
A. On March 22, 2013, the summary of the facts charged in the instant case: (a) around 15:44, the Defendant interfered with the construction work of New Asia Construction, Co.,, Ltd., a corporation of Samsung C&T, large forest industry and cooperative company, for about one hour and 34 minutes in collusion with E, for 46 minutes from around 16:32 to around 17:20 on the same day, and for 48 minutes from around 16:32 to around 17:20 on the road; and (b) holding waste timber, etc., on the road; and (c) holding it off or west; and (d) holding it off, for 48 minutes from around 16:32 to around 17:20 on the same day.
B. The lower court, based on its stated reasoning, proved that CCTV data (Evidence No. 5), investigation report (CCTV viewing report (Evidence No. 9), and cctv output (Evidence No. 10) were reproduced as original contents without any artificial adaptation.
As it cannot be seen that there is no admissibility of evidence, and the remaining evidence alone proves that the facts charged in this case are beyond a reasonable doubt.
Considering that it cannot be seen, the charged facts of this case were acquitted.
(c)
1) In order to use as evidence text information or output thereof (hereinafter “printed documents”) recorded in a computer disc or other similar information storage medium (hereinafter “information storage medium”), which is a seized object of the relevant legal doctrine, as evidence, the identity of the contents stored in the information storage medium and the output thereof should be recognized.