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(영문) 창원지방법원 2018.02.14 2017노3481
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was operating “F” of welfare facilities for the disabled as a de facto marriage between the victim C and 15 years. The victim unilaterally brought a criminal complaint to drive away the Defendant at the above facilities and residence, and the Defendant did not commit a crime interfering with the duties.

B. When misunderstanding legal principles and considering the relationship between the Defendant and the victim, the illegality is excluded as a justifiable act that does not violate social rules even if the Defendant’s act constitutes a crime of interference with business.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court, such as the witness C and H’s respective legal statements, as to the assertion of mistake of facts, the Defendant interfered with the operation of welfare facilities by force of the victim, while putting the victim at large voice as stated in the facts constituting the crime in the lower judgment.

Therefore, this part of the defendant's assertion is without merit.

B. In the judgment of the court below as to the assertion of misunderstanding of legal principles, the defendant argued the same purport, and the court below judged that the defendant's act does not constitute a justifiable act that does not violate social rules, on the grounds as stated in its reasoning, and closely compared the reasoning of the judgment of the court below with records, the above judgment of the court below is just and acceptable, and there are no errors in the misapprehension of legal principles

This part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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