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(영문) 광주고등법원 2015.07.21 2015노176

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the Defendant did not comply with the procedures and methods prescribed in the relevant Acts and subordinate statutes and the bylaws of D (hereinafter “D,” normally referred to as “D”), while conducting regular inspections of ships under subparagraph E, the Defendant prepared and submitted a slope test report, inspection test report and inspection report (Surve Rereport) as if he complied with them and conducted the inspection, and thereby the risk of interference with D’s business has already occurred, the crime of interference with business is established against the Defendant and the Defendant’s intentional interference with the Defendant’s business is also acknowledged.

The defendant means a line mampp vehicle and a slope to load cargo.

Light projecting test, which asserts that it has been carried out against the smuggling, is a test to confirm whether water flows out by dusting a certain water pressure from the outside in a state where the heading straw is completely closed.

It is difficult to regard it as an inspection having the same effect as above, and even if the above two tests are the same, it is difficult to recognize that the defendant had performed an appropriate light project with regard to the smuggling of the prior light lamps.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles and misapprehending the facts.

Judgment

The summary of the facts charged in the instant case 1) The Defendant, as a ship inspector (shipmaster) of the D woodb Group, conducted a regular inspection on the introduction, expansion, and reconstruction work of E from October 2012 to February 2013, and as a result of the inspection, reported the truth to D woodb Branch and Headquarters, so that D’s operations, such as the ship inspection, etc., can be performed without defects. However, as described in paragraphs (a) to (d) below, the Defendant falsely prepared and reported the slope test result, check list and inspection report (A).