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(영문) 부산지방법원 2016.07.28 2016노231
업무방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Defendant B, in the absence of any basis to determine that the injured party would not pay the construction cost, as to the summary of the grounds for appeal (as to Defendant B), Defendant B may not receive money from the injured party.

“In doing so, it interfere with the work of the injured party by spreading false facts or by deceptive means, and Defendant B was an employee of the executing company operated by Defendant A at all times engaged in the action with Defendant A. As such, Defendant A also damaged the victim’s entrance at the time of damage.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below to the defendants (the fine of one million won, the fine of one million won, and the fine of 300,000 won) is too uneased and unfair.

Judgment

In full view of the following circumstances acknowledged by the records of this case, the lower court rendered a not guilty verdict on the instant facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge each charges, and that it constitutes a case where there is no evidence to acknowledge this differently, or where there is no evidence to prove a crime.

With respect to interference with the business of the person on August 19, 2014, the crime of interference with the business of Article 314(1) of the Criminal Act is established when a person interferes with the business of another by spreading false facts, deceptive scheme, or threat of force. Here, the term "seminating false facts" means spreading the past or current facts that do not conform with objective truth to many, unspecified, or unspecified persons; and the term "manner" means causing mistake, erosion, or land to the other party in order to achieve the purpose of the offender's act (see Supreme Court Decisions 82Do2486, Feb. 8, 1983; 2003Do504, Mar. 25, 2005).

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