logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2014.09.25 2014노248
영리유인등
Text

The judgment below

The part concerning interference with business among the guilty part and the innocent part shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

The lower court dismissed the prosecution on the grounds that the victim C and D had withdrawn their wish to punish the Defendant after the prosecution of the instant case, on the part of the facts charged in the instant case and the violation of the Labor Standards Act.

However, the Defendant filed an appeal on the guilty portion on the ground of unfair sentencing, and the prosecutor appealed on the erroneous determination of facts as to the acquittal portion of the judgment of the court below, and only on the ground of unfair sentencing as to the guilty portion and the not guilty portion, the dismissal of the aforementioned public prosecution is not subject to deliberation and determination by this

Therefore, this Court decides only the guilty part and the innocent part of the judgment of the court below.

Summary of Grounds for Appeal

A public prosecutor, who knows that the defendant had given prior consent to the opening of access roads to the victim N, shall damage the access roads of this case installed by the victim N and shall interfere with the victim's business, but the court below found the defendant not guilty of this part by misunderstanding the facts, which is improper.

The court below's sentence of unfair sentencing (two years of imprisonment) is too unhued and unfair.

Defendant

The sentence of the court below is too unreasonable.

The summary of the facts charged in the instant case’s determination of mistake of facts by the prosecutor, Defendant A, who suffered property damage, shall be liable to compensate for the same damage.

4.9. to 9.00

4. From June 2010 to June 15, 2010, the victim N and his/her birth O used a total of 370 meters of the access road created by reclaiming soil and gravel in the part of the boundary of Q, R, and S salt farm (hereinafter “the access road of this case”) owned by the Defendant and the P, R, and Q, C, and C, C, and C, Inc. owned by the Defendant (hereinafter “the access road of this case”) used a total of 370 meters of the P, E, N, and C, thereby debing it as a b

The defendant interfering with business shall ship the damaged N andO salt and clean the surrounding salt farms by the acts referred to in the above paragraph (1).

arrow