업무방해등
The defendant's appeal is dismissed.
1. The court below rendered a judgment of innocence on the charge of forging a private document and uttering of a falsified investigation document among the facts charged in this case, and sentenced guilty on the remainder of the facts charged. The defendant appealed only on the guilty part, and the defendant did not appeal both the defendant and the prosecutor, which became final and conclusive on the part of acquittal. Thus, the scope of the court's judgment is limited to the guilty part among the judgment below.
2. Summary of reasons for appeal;
A. Although the fact-misunderstanding defendant's letter of resignation that was kept by G was not limited to the purpose of use, the court below specified the use of the above letter of resignation as stated in the facts charged of this case.
In light of the facts charged in the instant case, it is erroneous in the misapprehension of facts that found the Defendant guilty of false entry of the official electronic records, the fact of the event, and the obstruction of business.
B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 7 million imposed by the court below against the defendant is too unreasonable.
3. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court, comprehensively based on the evidence duly admitted and investigated, based on the following circumstances, the Defendant’s purpose of this case’s resignation is limited to use only for exercising the preferential purchase right granted to the management of the company E when the company F (hereinafter “instant company”) proceeds from the sale of the electronic sector, such as the OLD business of the company F (hereinafter “F”) in the future. As such, the Defendant’s exclusion from the limited purpose of the above resignation and completion of the registration of resignation to G based on this, constitutes an offense of false entry, such as electronic records, and a crime of accompanying the company’s resignation. However, G, a director of the instant company, is called the board of directors.