업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. Of the substance of the grounds for appeal in the instant charges, the phrase “proking to enter” cannot be seen as pure expression of opinion, and the phrase “an apartment with a lot of defects. An apartment awarded in a public sale is an apartment with a lot of defects.” constitutes a statement of false facts.
Nevertheless, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below which acquitted the facts charged of obstruction of business due to the dissemination of false
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the case in question, and the prosecutor raised the case in question on October 3, 2013, “The defendant shall enter the case in question on the D Apartment-si, Kimpo-si, Kimpo-si, 106, 109, 109, 109, 109, 100, and 100,000.”
This defect is an apartment house with many defects.
Apartments awarded by public auction are more defective.
"A person who sets up a banner containing a false stimulative phrase and shows him to him, and by force, applied for changes in the indictment to add the facts charged that interfered with the victim's sale of goods to the ancillary facts charged, and the subject of the judgment was changed by this court's permission.
However, the prosecutor's assertion of misconception of facts against the judgment of the court below is still subject to the judgment of the court, and this is examined.
3. Determination of misconception of facts as to the primary facts charged by the prosecutor
A. On October 3, 2013, the Defendant: (a) around Kimpo-si, Kimpo-si, D apartment 106 Dong, 109 Dong basement floor, 109 Dong basement floor, 1st floor, and ropo-story, and (b) spreads false information to the victim by installing a banner stating a false stimulative phrase that “the apartment is so many defects; (c) the apartment awarded for a public sale is more defective; and (d) the apartment is awarded for a public sale; and (e) spreading false information to the visitors.