업무방해등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 3,000,000.
Defendant .
1. Summary of grounds for appeal;
A. As to Defendant A’s damage to one’s own property on May 8, 2015: (a) Defendant A did not institute a public prosecution on May 8, 2015 because there was no amount of damage; (b) the lower judgment convicting Defendant A of the damage to the said property should be revoked.
B) On May 10, 2015, Defendant B’s violation of the Punishment of Violences, etc. Act (joint property damage, etc.): Although Defendant B was at the site at the time of committing a crime of destroying Defendant A’s property on May 10, 2015, Defendant B did not instruct Defendant A to commit the crime, the lower court found Defendant B guilty of this part of the facts charged.
C) As to the Defendants’ interference with each business: the Defendants did not interfere with the business of the victim G stock company and did not intend to interfere with the business, the lower court found the Defendants guilty of this part of the facts charged, and erred by misapprehending the facts.
2) Each sentence (Defendant A: a fine of KRW 3 million; Defendant B: a fine of KRW 2 million) declared by the lower court against the Defendants is too unreasonable.
B. Prosecutor 1) In full view of the fact-misunderstanding or misunderstanding of legal principles (as to the part of the Defendants’ innocence), the case was commenced in the appraisal fighting which Defendant B started against the victim G G Co., Ltd. and the end of the civil litigation, Defendant A was a person under the direction and supervision of Defendant B, and Defendant B had the record of committing the same offense as the instant case around March 8, 2015, etc., the Defendant’s implied conspiracy relation can be acknowledged at the time of committing the crime on May 8, 2015.
Nevertheless, on May 8, 2015, deeming that there was no competitive relationship between the Defendants at the time of committing the crime, the Defendants among the facts charged in the instant case were as of May 8, 2015.