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(영문) 제주지방법원 2016.07.14 2015노807

업무방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts or misapprehension of legal principles) The Defendant, at the date and time indicated in the facts charged, knew of the progress of Jeju G-related D-D D-related construction (hereinafter “instant construction”) and agreed between the construction company and the village not to use a road indicated in the facts charged, but provided that dump trucks, etc. enter the instant road, and therefore, there was no intention to obstruct the victim limited partnership companyF (hereinafter “victim”)’s business.

B) Taking into account the date and time, place, motive, purpose, number of persons, capacity, etc. of the victimized company, the Defendant’s act is sufficient to suppress the victimized company’s free will, or was impossible or considerably difficult to conduct the victimized company’s business.

As such, it does not constitute a threat of interference with business affairs.

C) In order to prevent accidents on the road of this case, which is the road inside the village, the Defendant established a dump truck, and requested a large-scale construction vehicle, such as dump truck, to leave the road. Therefore, the Defendant’s act is justified as a justifiable act.

2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court rejected the Defendant’s assertion in detail under the title “the judgment on the issue”.

2) A decision on the deliberation of the party) Whether to recognize the intention or power of business interference (1) The intent of business interference in the obstruction of business in the relevant legal principles is not necessarily deemed to have the intention of interfering with the purpose of business interference or planned business interference, but is another person’s act.