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(영문) 제주지방법원 2013.06.27 2012노366
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the mistake of facts and misapprehension of legal principles, as to the entry of a structure into a misunderstanding place, the Jeju Do newsletter was not strictly prohibited from entering the outside, and there was no corrective device, and the staff in the lux have given the Defendants an implied and presumed consent by having the Defendants directly examine, and thus, the Defendants cannot be deemed to have “influenced with the structure”, and there was no intention to intrude into the structure and it is a legitimate act that does not go against social norms.

With regard to interference with business, since the Defendants did not engage in as if they were the employees of the Jeju Report, they do not constitute a "defensive act", and even if they were deemed a "defensive act", there is no causal relationship between the Defendants' act and the press 6th joint opinion polls work, and the report of the results of joint opinion polls is a legitimate act that does not go against social norms.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s respective fines of two million won) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts and misapprehension of legal principles, the defendant A was instructed by the defendant C and entered the Jeju Do Senior Co., Ltd. on February 20, 2012 through an open door to the Jeju Do Senior Co., Ltd. on February 20, 2012, around 20:56. The defendant A, who entered the dispatch room, allowed the defendant A to refer to the dispatch room under the newspaper of the Jeju Do Senior Co., Ltd., Ltd., and bring the defendant A to the defendant. The defendant A, who entered the dispatch room, stated that "30,000 copies of the Jeju Do Senior Co., Ltd., Ltd." were "30,000,000,000 after February 20, 2012.

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