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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.10.25 2012노3297
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as an auditor of the “F”, committed a dispute with the said victim in the course of demanding the victim H to undergo an audit on April 8, 2009 and April 16, 2009, and by force, did not interfere with the business of the victim. On April 19, 2011, in order to have the merchants occupying the instant commercial building bear the discounted management expenses, the Defendant was sealed outside the victim JJ office and prevented the victims from entering the said office, and thus, the crime of interference with business is not established.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The court below duly adopted and examined the argument of mistake of facts or misapprehension of legal principles as follows. ① The victim H was found to be the office of the above victim from the investigative agency to the court below's trial. On April 8, 2009, and April 16, 2009, the defendant took a bath for a considerable period of time. The contents of the statement are specific and consistent (No. 100 of the trial record, No. 29,30,313, 315, 317 of the evidence record), ② The defendant was spawn out on the book or personal records of the defendant's office, and the defendant appears to have been damaged by this process (No. 100 of the trial record, No. 29, 30, 64, 65, 313, 315, 317). The defendant's statement from the investigative agency's office to the defendant's office's office's 101-417, 2014).

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