업무방해
All the judgment below against the Defendants is reversed.
Defendant
A, B, C, D, E, F, G, H, I, J, and K respectively. 2,50.
1. Summary of grounds for appeal;
A. Defendant L did not participate in preventing the project team from using human belts at the time of the instant case, and was only resistanced to the police’s strong suppression later.
B. The Defendants, who made a human belt in the front door of the construction site, and the Defendants who made a human belt in the project team, did not make a public invitation.
Furthermore, since the above Defendants’ act did not have sufficient force to suppress the victims’ free will, it does not constitute “defensive force” of the crime of interference with business, and did not constitute “defensive force” of the crime of interference with business, and there was no result or risk of interference with business, and it constitutes a legitimate act or an emergency evacuation, as it
The sentence of the lower court against the above Defendants (a fine of KRW 4 million) is too unreasonable.
C. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below against the remaining Defendants except Defendant L, the judgment of the lower court as to the mistake of facts or misapprehension of legal principles by Defendant A, B, C, D, and E, around 13:40 on April 16, 2012, Defendant A, C, D, and E created and loaded a human belt as described in the facts charged by using the PVC pipe, which had been on board the front of the construction site of this case, and prevented the entry of construction-related vehicles from entering the construction-related vehicle until 16:20, and Defendant F, G, H, I, J, J, and K from entering the construction-related vehicle by using the PVC pipe pipe that had been loaded at almost the same time. In order to prevent the entry and exit of construction-related vehicles, the aforementioned Defendants’ establishment of human belts and creation of a human belt at the construction site and act constitutes “the free force of the other party” as the “the free force of business interference.”