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(영문) 창원지방법원 2014.05.15 2013노815
명예훼손등
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

가. 업무방해의 점 피고인들은 G으로부터 수급받은 공사의 이행 사실을 입증하기 위하여 F 1층 주차장 한 켠에 싱크대 상판을 놓고 사진을 찍으려했을 뿐이므로 업무방해죄의 구성요건에 해당하지 아니한다.

Even though it is not so, the defendants' act is a legitimate act that does not violate the social norms.

Nevertheless, the judgment of the court below convicting the charged facts in this part is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, which affected the conclusion

B. The Defendants were trying to post a banner in order to find out the situation in which they would interfere with the construction and not pay the construction cost. However, the Defendants were immediately seized to the public officials of the Gu office and immediately recovered the entire amount of the bannerd by the victims and distributed to the drivers of vehicles and the visitors. It is merely ten copies of the leafletd map distributed to them.

Therefore, the defendants' act is a legitimate act that has no public performance or public interest or is not contrary to social norms.

Nevertheless, the judgment of the court below convicting the charged facts in this part is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, which affected the conclusion

2. Determination

A. Determination as to the argument regarding interference with business affairs 1) The summary of this part of the facts charged is as follows: (a) the Defendants are victims E (E) in Changwon-si, Changwon-si from 16:25 on December 28, 201 to 16:50 on December 28, 201.

(F) the coffee shop (hereinafter referred to as “instant coffee shop”) between the parties’ “F” operated by it;

In this regard, the defendants, who were not assembled for the purpose of proving that the defendants had been doing construction, forced to store the string of the entrance of the second floor, and the defendants A, who were influent with the stringr and the stringr of the tea shop of this case, by blocking the employees of the coffee shop of this case, have taken photographs thereof.

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