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(영문) 서울동부지방법원 2015.05.14 2014노1146
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant F (Definite) did not conspired to commit each of the instant crimes with Defendant J, G, D, etc., and each of the instant crimes was committed by Defendant J, Defendant J, Defendant G, Co-Defendant G, etc. entrusted with all of Defendant F’s business affairs from Defendant F and the lower court’s independent judgment.

Nevertheless, since the court below found Defendant F guilty of all the charges, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Defendant J (1) misunderstanding of facts does not have any conspiracy to commit each of the instant crimes with Defendant F, Co-defendant G, D, etc., and there is no fact that Defendant J did not share the act of implementation by ordering outside guards to control their access at the scene of the crime.

Nevertheless, since the court below found Defendant J guilty of all the charges, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) The Defendant J’s act of political party is aimed at excluding the illegal management of AH (hereinafter “AH”) as a representative of V and transferring the management duties to H (hereinafter “H”). Thus, it constitutes a justifiable act under Article 20 of the Criminal Act.

Nevertheless, the lower court found Defendant J guilty of all the charges, and thus, the lower court erred by misapprehending the legal doctrine on justifiable acts under the Criminal Act, thereby adversely affecting the conclusion of the judgment.

(3) The lower court’s decision on unreasonable sentencing is too unreasonable to impose a fine of KRW 5 million on Defendant J.

2. Determination on the grounds for appeal

A. In full view of the evidence duly admitted and examined by the lower court as to the Defendants’ assertion of mistake of facts, the Defendants conspired in advance to Co-Defendant G, and accordingly ordered the lower court to instruct the co-defendant G, and accordingly, AH’s Director of the Management Office, etc. by mobilization of a number of persons, including H’s guard staff.

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