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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) only obtained permission to use the State-owned land in front of G pharmacy (hereinafter “instant pharmacy”) operated in front of the Gyeyang-gu D Hospital located in Gyeyang-gu, Gyeyang-gu, Seoul, the victim F, for the purpose of having access to the said pharmacy, but it was used for the parking lot unjustly, and Defendant B did not intend to install water bags and ropes on the boundary of the said State-owned land for the purpose of making it known to the public. Defendant B did not intend to interfere with the victim’s pharmacy operation by interfering with entry and exit in the said pharmacy parking lot.
2) On May 17, 2016, and May 19, 2016, the day after Defendant B engaged in the act as described in the facts charged of this case, Defendant B posted a banner on the front line of the instant pharmacy, or posted a banner or a flagpole banner on the front line of the instant pharmacy. In the instant case No. 10817 high-level approximately 10817 high-level 2016 high-level 10817, the Defendant B was indicted of the said act as a crime of interference with business committed by K, a pharmacist of the instant pharmacy, and was issued and finalized upon issuance of a summary order of KRW 2 million. As long as the summary order for the actual victim has already been finalized, the facts charged of this case cannot be punished separately because it was a series of acts leading to the subsequent act.
B. Defendant A merely responded to Defendant A’s request and there was no perception that Defendant B’s act of obstructing the performance of his duties was carried out. Defendant A merely sent a chest with the appearance of setting up a water tank and wire rope to Defendant B, so it is difficult to recognize the intention of a tide embankment.
2. Determination
A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.
① On June 25, 2013, K, the husband of the victim, is subject to the condition of constructing a building on the said land between L division, the owner of the land in Gyeyang-gu, Seoyang-gu, Seoyang-gu.