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(영문) 제주지방법원 2013.10.24 2013노104
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 100,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. On December 26, 201, Defendant 1: (a) there was no conspiracy with C, etc. to interfere with business; and (b) there was no intention to interfere with business.

In addition, there was no risk of interference with the construction work due to the vehicle that had the entrance at the time of the instant case completed the work.

In addition, the Defendant’s act does not constitute a threat of the crime of interference with business, and the other party to the exercise of power is an operator of ready-mixed vehicle or a company belonging thereto, and thus, it cannot be applied to the crime of interference with business against Samsung T&T industry, and such act is merely an act of holding a peaceful assembly. Therefore,

B) On March 12, 2012, the Defendant did not conspired with L and the Defendant did not intend to interfere with business, and there was no intention to interfere with business. In addition, the Defendant cannot be deemed to have been forced to interfere with business by entering the excavated season, and the Defendant was going up to be excavated to avoid assault by employees of the work company, and thus constitutes an emergency evacuation. C) on March 12, 2012, the fact that violation of the Punishment of Minor Offenses Act was committed on March 12, 2012, the former coast is public waters, and the right to manage the land is within the Governor of the Jeju Special Self-Governing Province (the Seopo City delegated with the authority), and the naval headquarters cannot be deemed to have acquired the right to manage the land, so long as there was no prohibition of entry into and exit in the Seopoban and the coast do not fall under the area, facilities, or place where entry is prohibited (hereinafter “entry”).

In addition, the old drums installed around the coast is nothing more than the purpose of protecting construction materials.

2) The lower court’s sentencing (one year of suspended sentence in April) is too unreasonable, and thus, is not sentenced to a fine. B. The prosecutor 1).

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