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(영문) 대구지방법원 2016.10.21 2016노3205
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The contents of the banner posted by the Defendant does not constitute a crime of interference with business, since the Defendant did not have awareness of false facts, and the Defendant did not constitute a crime of interference with business as stated in the instant facts charged.

Even if the defendant's act constitutes the crime of interference with business, it is justified as a legitimate act.

Nevertheless, the lower court erred and adversely affected the conclusion of the judgment by misapprehending the legal doctrine on justifiable acts, which found the Defendant guilty of the facts charged of this case.

2. The Defendant and the defense counsel asserted the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected such assertion in detail as the Defendant and the defense counsel’s assertion and the grounds for its determination in the part of “judgment on the Defendant and the defense counsel’s assertion”

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s fact-finding and determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on a justifiable act, thereby adversely affecting

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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