(영문) 부산지방법원 2017.11.16 2016노5019 | 리걸엔진

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(영문) 부산지방법원 2017.11.16 2016노5019

업무방해등

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

Reasons

1. Although the Defendants’ act does not constitute a justifiable act, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2. Determination

A. Defendant C is the representative of the reconstruction promotion committee of F apartment units in the Suwon-gu Busan Metropolitan City, and Defendant A and Defendant B are the reconstruction promotion committee members, respectively.

1) On April 1, 2015, Defendant A’s interference with Defendant A’s business, and assault Defendant confirmed that the former part of the title, “H,” which was distributed by the victim G (n, 18 years old), was the content of false facts and slander against the re-building promotion committee in the vicinity of the Gwangjin-gu, Busan, Suwon-gu, Busan, and the victim G (n, 18 years old) around 17:00, the content of the former part, “H,” which was distributed by the victim

The term “the victim” refers to “the victim’s son and arms, and forced the victim’s son and arms, thereby preventing the distribution of the victim’s spawn.

Accordingly, the defendant interfered with the distribution of the victim's leaflet by force, and assaulted the victim.

2) On April 1, 2015, Defendant B and C’s obstruction of duties and Punishment of Violences, etc. Act (joint assault) around the south Korean elementary school located in the Namcheon-dong, Busan, Busan, on April 17, 2015, the victim G (nive, 18 years old) distributed the former part on the ground that the content of the former part that was distributed was the content of false facts and slander against the said reconstruction promotion committee, but, on the other hand, the victim’s continuing to distribute the former part.

The term “Defendant C” refers to “the victim’s leaflet and the paper bank containing approximately 70 heading in the same former part as that of the victim, and forcedly cut the victim’s hand and arms, and Defendant C prevented the victim’s distribution of the victim’s leaflet by means of cutting the cellular phone owned by the victim, thereby confirming the list of telephone conversations.

As a result, the Defendants interfere with the victim's distribution of leaflet by force.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-부산지방법원 동부지원 2016.11.28 2015고정1211

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-수원지방법원 성남지원 2016.07.14 2016고단1386

-창원지방법원 2014.07.03 2014노169

-수원지방법원 2016.10.19 2016고단5115