logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.01.30 2017노5577
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty of this part of the crime of interference with business, even though the crime of interference with business was established on the grounds that: (a) labor union members including the Defendant did not recognize the legitimacy of the strike means and methods, such as the totaling and exclusive occupation of street funds in the course of strike from November 27, 2014 to December 31, 2014; and (b) did not recognize the legitimacy of the strike means and methods by generating excessive noise.

(M) In fact-finding. The sentence (a fine of KRW 800,000) declared by the court below is too unfluent and unfair.

(F) Determination; 2. Determination

A. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty on the ground that there was no proof of crime regarding the obstruction of business due to the occupation of the first floor of the E Hospital from November 27, 2014 to December 31 of the same year among the instant facts charged.

Even if a thorough review of the records of this case is conducted, the circumstances stated by the court below or its conclusion is justified, and there is no error of law as alleged by the prosecutor.

B. In full view of the arguments in the instant case and the grounds for sentencing indicated in the record of the judgment on the allegation of unfair sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various grounds for sentencing alleged by the prosecutor, and no special circumstance exists to the extent that the lower court’s sentence is modified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow