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(영문) 창원지방법원 2020.01.09 2019노1048

업무방해등

Text

The judgment below

The guilty part shall be reversed.

Defendants shall be punished by a fine of KRW 300,000.

The Defendants respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the facts or circumstances described below, the lower court found Defendant 1 guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment. (A) The Defendants were seated at the sorash at the entrance of a golf driving range so that they could keep high-priced golf equipment and facilities. Therefore, the Defendants did not have any intention to refuse to leave.

B) The Defendants, at the entrance of the golf practice range and the parking lot (hereinafter “instant place”).

(C) The arrest of the Defendants is unlawful, since the Defendants did not receive a different principle from the police officers at the time of arrest, as they did not have any door or fence for the boundary with the outside. Therefore, the above place does not constitute the object of the crime of non-compliance with the eviction.

2) The lower court found the Defendants not guilty of this part of the charges, despite the fact that according to the evidence submitted by the prosecutor of mistake of facts (not guilty part of the lower judgment), the Defendants could sufficiently recognize that the Defendants interfere with the operation of the victim’s golf practice range by force. However, the lower court acquitted the Defendants of this part of the charges.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Each of the above types of punishment sentenced by the court below to the defendants is unfair because it is too uneasible.

2. The judgment of the court below on the defendant's assertion of mistake of facts concerning the guilty portion

A. The crime of refusing to leave part of the allegation that there is no intention to refuse to leave is required to leave.

Since the defendants do not immediately comply with the Gu's order even after receiving the Gu, it is an immediate crime that is the basis of the right to leave the victim.

A victim shall comply with the Gu and due to such failure.