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(영문) 대구지방법원 2019.02.14 2018노3610
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) ① In order to inform the risk of the factory of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) to the fact that the Defendant conducted one-person demonstration, and took photographs, the Defendant did not merely cause interference with the business of the victimized Co., Ltd. (hereinafter “victim Co., Ltd.”).

Since the defendant was only engaged in the above actions to inform the risk of the factory of the victimized company, it constitutes a justifiable act that does not go against the social norms.

(2) A point of injury: There shall be no person who inflicts any injury on a victim G.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. The summary of the facts charged regarding the crime of interference with business was expressed by the Defendant to verify the illegality of one person’s demonstration and damaged company before the victimized company while filing a civil petition with the relevant agency with respect to the victimized company in the permanent residence B.

On January 18, 2017, between 10:42 and 16:46 of the same day, the Defendant: (a) found in front of the factory security room and office operation of the damaged company that produces triluous oxides of semiconductors using dangerous gas and chemical materials, such as sulfur, inflammable, etc.; and (b) took a boomet stating that, when the D legal team was operated, how the D legal team was in progress, she was in progress, and C was in progress, she was in progress, and she was in front of the damaged company’s integrated security room; and (c) took a breath of the above factory at the place of the above 19:17.17.14.17.17.17.17.

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