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(영문) 서울동부지방법원 2017.05.19 2016노1491
업무방해
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstandings in the facts charged in this case were conducted by the partner company employees, and the Defendants did not take part in the act. However, the court below determined that the Defendants conspired to act by the partner company employees and did the above act. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Legal principles 1) The employees of the cooperation company possessed the house of F organization H (hereinafter “H”) located around the funeral hall. This is a legitimate exercise of the right of retention. The employees of the cooperation company, who installed a tent and container around the funeral hall, was the means to possess the H’s house. The installation of a steel net and parked a bus to prevent unauthorized intrusion by the F organization (hereinafter “F”). Thus, the mere fact that the employees of the cooperation company did not intend to interfere with the business of the cooperation company, or that the act constitutes a justifiable act, is in violation of law by misapprehending the legal principles on the right of retention, thereby affecting the conclusion of the judgment.

2) The Korea Veterans Welfare and Health Corporation of the Victims (hereinafter “victim”) renounced the operation of the funeral hall by having the entrance and windows of the funeral hall installed prior to the time indicated in the facts charged in the instant case, such as closing the funeral hall with the iron board, etc., and thus, there was no duty to be obstructed at the time of the instant case. However, the lower court found the Defendant guilty of the facts charged in the instant case by misapprehending the legal doctrine on the obstruction of business affairs, thereby adversely affecting the conclusion of the judgment.

(c)

In light of the various sentencing conditions of this case, the sentence of a fine of KRW 3 million imposed by the court below against the Defendants is too unreasonable.

2. Determination

A. The lower court acknowledged the following based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

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