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(영문) 서울남부지방법원 2014.07.11 2014노365

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have shown the door door of the beauty room operated by the victim twice, but due to the completion of the beauty room work, the actual business was not hindered and there was no intention to interfere with the business.

The defendant's act constitutes interference with business

However, it is a legitimate act that does not violate the social rules.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the witness’s statement of the witness C on the assertion of mistake of facts and misapprehension of legal principles, the Defendant was unable to avoid disturbance while taking the cosmetic entrance of the beauty room, and such disturbance continued for 35 minutes to 1 hour, and the customer who found the beauty room that the Defendant had found such disturbance had returned to his match can be recognized. Thus, the facts charged in the instant case that the Defendant interfered with the victim’s beauty room business is guilty.

Furthermore, considering the degree, duration, etc. of the instant crime, the Defendant’s act does not constitute a justifiable act that does not go against social norms.

This part of the defendant's assertion is not accepted.

B. The Defendant, as her husband of the victim, provided considerable assistance to the victim when he/she opened a beauty room. However, as a result, there was a conflict over the change in the name of the beauty room lease, the Defendant appears to have committed the instant crime while dispute over the change in the name of the beauty room.

In addition to these circumstances, in full view of the fact that the defendant has been punished several times, the defendant's age, character and conduct, and environment, and various circumstances that are conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, the court below's sentence is imposed.

참조조문