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(영문) 창원지방법원 2017.01.11 2016노2721

업무방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the guilty part of the judgment below (misunderstanding of facts or misapprehension of legal principles), the defendant did not enter the victim's residence against the victim's will and did not enter the victim's residence against the victim's will, and the defendant entered the victim's residence against the victim's will

Even if the defendant did not recognize that it goes against the will of the victim, the defendant asserts that he did not have intention.

B. Prosecutor 1) misunderstanding of the facts or legal principles, ① 2015 and 169, with respect to the obstruction of business, the act of safety managers on the facility inspection, etc. in the machine room is included in the business of interference with business, and ② 2015 and 375 cases, even though the Defendant interfered with the victim’s duties by interfering with the victim’s access, the lower court acquitted the Defendant on the obstruction of business operations, or erred by misapprehending the legal principles.

2) The punishment sentenced by the lower court (a sum of KRW 300,000) is too unhued and unfair.

2. Determination

A. According to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion, the Defendant entered the victim’s residence against the victim’s will in the date and place indicated in this part of the facts charged: (a) and (b) sufficiently aware that the Defendant’s act contradicts the victim’s intent.

Since it is determined, the above argument of the defendant is without merit.

① In the court of the court below, the victim stated that the defendant had his residence and his father at the present house without contact in advance, and that he had his father at the present house, and the defendant had his father at the seat of the defendant.

The door was opened by "a request to open the door," and the defendant was suffering from the crepan.

(2) The defendant is in his house to the victim during the same process as above (1).