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(영문) 수원지방법원 2017.08.18 2017노599
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The facts charged of this case cannot be acknowledged.

B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination:

A. (i) As to interference with business, the Defendant in this part of the facts charged requested the victim C to perform the interior works that he/she would operate, but the contract was terminated due to the difference between the two partners and the other partners.

On March 3, 2016, the Defendant: (a) around 16:00 on March 3, 2016, at the opening where the injured party D was in the course of performing the interior construction, on the ground that the injured party claimed labor cost, material cost, etc. due to the construction preparation against the Defendant, the Defendant: (b) stated that “the contract should be entered and the down payment should not be made; (c) the Defendant should issue the amount of damages due to the termination of the contract; and

C farch fluorch fluorch fluorch;

C. The Mesium expressed that gue is obtained and that gue should be raised, and that the victim's Mesium interfered with the victim's Mesium construction work by force between about 40 minutes.

D. The lower court found the Defendant guilty of this part of the facts charged in accordance with the evidence indicated in its judgment.

Article 22(1) of the Criminal Procedure Act provides that “The term “power of force” of the crime of interference with the deliberation of the political party shall be construed as “a force” under Article 2(2) of the Criminal Procedure Act, and the term “a threat of force” under Article 2(2) of the Criminal Procedure Act shall be construed as “a threat of force” under Article 3(2) of the Criminal Procedure Act, and the term “a threat of force” under Article 3(2) of the Criminal Procedure Act shall be construed as “a threat of force” under Article 3(2) of the Criminal Procedure Act, and “a threat of force” under Article 3(2) of the Criminal Procedure Act shall be construed as “a threat of the victim’s free will” under Article 3(2) of the Criminal Procedure Act, and “a threat of force” under Article 3(2) of the Criminal Procedure Act shall be construed as “a threat of force” under Article 4(3) of the Criminal Procedure Act.

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