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(영문) 수원지방법원 2020.10.15 2020노3742

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant’s obstruction of business and intrusion of a structure is the Defendant’s lessee of the guest room replacing the gambling (hereinafter “L”) who is the managing and operating operator.

A) There is no problem to replace a finger from the representative M. There is no problem to replace the finger. The agreement between the victim P Co., Ltd. (hereinafter “P”) and L on March 14, 2018 was replaced by entering the hotel of this case. As such, the Defendant did not have any intention to interfere with the business and interfere with the structure. (ii) The Defendant merely carried the victim’s own identity, etc. with his/her chest, etc. and carried the victim’s chest with the indication of the claim against it, and thus, the Defendant’s act does not go against the social rules, and thus, is not illegal as it constitutes a justifiable act under Article 20 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The lower court also asserted the same purport as the allegation in the grounds of appeal, and the lower court rejected the Defendant’s assertion and convicted all of the charges for this part of the charges on the following grounds. (A) The Defendant purchased three guest rooms in Thai City B (hereinafter “the hotel in this case”) E, N, andO from L (hereinafter “the hotel in this case”). On the day of this case, the Defendant replaced four guest rooms, which were sold by buyers different from E and other buyers, on the day of this case.

(2) After L (representative M) sold the guest rooms of the instant hotel, it entered into a lease agreement with several buyers and operated the guest rooms on commission. However, some buyers, who did not properly operate the guest rooms, did not pay management fees, and did not pay profits to the buyers, establish a separate management body on January 16, 2018 (representative victim).

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