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(영문) 서울동부지방법원 2017.09.29 2017노681
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles do not interfere with the victim's main business by force, and the defendant's act constitutes legitimate defense, which is aimed at defending the defendant against infringement of legal interests, such as verbal abuse, brination, and spitation, etc., by refusing the victim's legitimate demand to indicate the statement of calculation.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of one million won imposed by the court below against the defendant is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles on the assertion that there was no interference with business by force, the court below duly adopted and examined the evidence duly adopted and examined by the court below, in particular, the victim C's police statements and each investigation report (each telephone investigation on the police officer's library). In light of the following, the defendant can sufficiently recognize that he interfered with the victim's main business by exercising power as in the facts charged in this case. Thus, the judgment of the court below is just, and the defendant's mistake of facts and misapprehension of legal principles are without merit.

2) The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the legitimate defense assertion, namely, ① the Defendant committed an unfair act, such as spiting or spiting the Defendant’s abusive language, abusive language, brining, etc.

However, there is no evidence to acknowledge this, and ② even if the victim had expressed a somewhat insulting speech to the defendant who refused to pay the drinking value.

Even if the defendant's act, such as the facts charged in the instant case, is to protect the infringement of unfair legal interests.

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