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(영문) 서울북부지방법원 2014.02.07 2013노1532
폭력행위등처벌에관한법률위반(상습폭행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles as to victim I’s interference with business, and the victim did not intend to operate the business at the time of the instant case, so the crime of interference with business is not established.

(B) Since the entry of a structure into a building with the victim’s permission, the crime of intrusion on the structure is not established.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. (1) Determination on the Defendant’s assertion of mistake of facts and misapprehension of legal principles regarding the victim I’s interference with business, and the establishment of the crime of interference with business under the Criminal Act is sufficient to cause interference with business, and the result of interference is not necessary. According to the evidence duly adopted and examined by the lower court, the circumstance that the victim was unable to engage in the business at the time of the instant case can be acknowledged, but the victim was only able to take part in the business by opening the door, and it is obvious that the time of the instant crime belongs to the victim’s business hours. Thus, this part of the Defendant’s assertion is without merit.

(2) In light of the evidence duly admitted and examined by the court below, the following facts are found: ① there were several times prior to the instant case, where the Defendant spawns down the door to prevent the Defendant from having access by the Defendant even during the business hours; ② opening of the Defendant and walking the door is likely to cause damage to the victim, and the victim's door is likely to be damaged. According to the above facts, the victim opened a door to the Defendant's spawn, and the Defendant entered the victim's spawn. Accordingly, the victim's spawns with the Defendant's spawn with the Defendant's spawn with the Defendant's permission.

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