logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.24 2016노5437
업무방해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and four months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. In light of the period and frequency of each of the crimes in this case committed by Defendant A, B, and C, and the amount of transactions awarded by the court below, each of the above Defendants (Defendant A: imprisonment of one year and six months, Defendant B, and C: 10 months, and 2 years, respectively) is deemed unfair and unfair.

B. Defendant A and E1) Defendant A (unfair sentencing) sentenced by the lower court (Defendant A: imprisonment with prison labor for one year and six months) is too unreasonable.

2) Defendant E (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing), and misapprehension of legal principles, the Defendant did not have conspired with the above Defendants as to interference with the business of the above Defendants on the grounds that there was no awareness that the false disinfection certificate was used for the management of electronic tendering participants for the school meal of the Korea Agricultural and Fisheries Food & Drug Corporation. However, the lower court erred by misapprehending the facts charged of this case or misapprehending the legal principles on different premise, thereby adversely affecting the conclusion of the judgment ( even if the Defendant knew that the certificate was used for the management of participants, even though he knew that the certificate was used for the management of participants, the Defendant alleged that the use of the disinfection certificate was merely an ex post facto act. Accordingly, the Defendant did not take part in the crime of interference with the business after the issuance of the false disinfection certificate and did not take part in the crime of interference with the business, and thus, the Defendant cannot be held liable for interference with the business). Furthermore, it is unreasonable to impose the punishment on the Defendant unfairly sentenced by the lower court (6 months of imprisonment and two years of suspended execution).

2. Determination on Defendant E’s misunderstanding of facts and misapprehension of legal principles

A. In the case of co-offenders who are jointly engaged in a crime by not less than two relevant legal principles, the conspiracy does not require any legal penalty, but is jointly processed by not less than two persons for a crime.

arrow