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(영문) 춘천지방법원 2020.07.24 2019노576
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts or misunderstanding of legal principles is merely an exaggeration of some facts posted while expressing his opinion, not an expression of false facts, but an expression of false facts for the public interest, and thus does not violate the social rules.

Since the victim's duties are not worth protecting, they do not constitute the duties of interference with business, and the defendant did not have intention to interfere with the victim's duties.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant asserts that “(i) the victim’s duty is a job without protection, and thus does not constitute a job protected under the Criminal Act for the crime of interference with business. ② The content of the Defendant’s notice cannot be considered as false facts even if it is somewhat exaggerated, and even if it is false, the Defendant believed to be true, and thus did not have any perception of false facts. ③ The Defendant argued that it does not violate the social rules, since

As to this, the court below examined the victim as a witness, rejected all of the defendant's arguments and convicted the defendant of the facts charged in this case by taking into account the circumstances in its reasoning.

Even if the above judgment of the court below is examined closely with the evidence duly adopted and investigated by the court below, it is just to find the above fact-finding and judgment of the court below, and further, it is found that the defendant had intention to interfere with the victim's business by spreading false facts.

As alleged by the Defendant, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

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

B. Unreasonable sentencing.

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