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(영문) 대구지방법원 2020.10.16 2019노3575

업무방해

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal did not properly warn the victims of a short-term measure, and there were justifiable grounds for the victims to refuse to pay management fees, and the short-term measure should be permitted only in extremely exceptional cases. Therefore, the court below erred by misapprehending the legal principles or misapprehending the legal principles, even though the Defendants’ short-term measure cannot be deemed a legitimate act.

2. In full view of the circumstances in its reasoning, the lower court acquitted the Defendants on the ground that the Defendants’ discretionary measures constitute justifiable acts as provided in Article 20 of the Criminal Act.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned fact-finding and determination is justifiable. In so doing, it did not err by misapprehending the legal principles as otherwise alleged by the prosecutor, and the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.