업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles as follows, which affected the conclusion of the judgment.
With regard to the interference with the business of May 22, 2012 and the refusal to leave, the defendant found the victim's factory around 17:00 on the same day, and talked with the victim C by leaving the victim's factory outside, but the employee entered the factory around 18:00 and divided the victim's talk.
However, the victim reported to the police of his own, and the police arrive, and the defendant immediately left the factory.
At the time, the Defendant did not interfere with duties, such as avoiding disturbance in the factory or lying on the floor, and the need to leave the victim.
There is no failure to comply with the Gu.
B. With regard to the refusal to leave on May 23, 2012, the Defendant only talked with the victim out of the factory on the above date, and there is no difference between the Defendant and the victim’s factory.
C. Regarding the refusal to leave on November 11, 2012, the Defendant opened a door and entered the factory, and the Defendant was waiting for the use of the factory due to the absence of the factory.
However, the victim, who was contacted by F, reported to the police, and the defendant reported to the police who was dispatched to the factory, and was in the factory, and only the need to leave F, etc.
There is no failure to comply with the Gu.
2. Determination
A. (1) On May 22, 2012, there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous or that the first instance court’s determination was made in light of the content of the first instance court’s ruling and the evidence duly examined in the first instance court, and that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was made based on the results of the first instance court’s examination and the evidence duly admitted by the first instance court, and that the first instance court’s refusal to leave was made on November 11, 2012.