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(영문) 광주지방법원 2013.08.14 2013노979
업무방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (the factual errors or misapprehension of the legal principles) leased land, etc. (hereinafter “H land”) in Jeonnam-Gun, Namnam-do, and the victim company illegally occupied the land as an access road to the collection of earth and rocks without permission. As such, the defendant's right to lease H land was no longer allowed for the victim company to enter H land. Although the defendant's act constitutes legitimate self-defense, which is an act to defend the victim company's tort, and the crime of interference with business was not established, the court below erred by misapprehending the legal principles or finding the defendant guilty of the facts charged in this case.

2. The following circumstances acknowledged based on the sales slip records: (i) around June 4, 2007, the Defendant entered into a partnership agreement for gathering soil and sand on the victim company and M/M and five parcels outside of the land; (ii) around that time, the victim company entered into a partnership agreement on July 13, 2007 with the victim company and M/M with the consent of land use from the owner of the surrounding land, such as obtaining the consent of land use for permission; and (iii) sought mountain development with the permission of stone use; (iv) however, it is difficult for the defendant to obtain permission of stone use from the owner of the surrounding land due to the lack of his/her business registration and the ability to pay the recovery deposit; and (v) the defendant applied for permission of stone use under the name of the victim company and M/M to the representative director of the victim company; and (v) around that time, the victim company entered into the partnership agreement on gathering soil and sand in the name of the representative director of the E/M company and the name and address of the victim company;

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