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(영문) 대전지방법원 2015.11.12 2014노1712
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant: (a) lawfully transferred the right to operate a “D kindergarten” (hereinafter “D kindergarten”) in Asan City from the victim; and (b) as the owner and the operator of D kindergarten as a legitimate part of the operation of the D kindergarten, changed the password of the D kindergarten entrance to prevent and ensure the theft of D kindergarten; and (c) established a caps which are security guard facilities.

Nevertheless, the defendant's act constitutes a crime of interference with business and the defendant did not go through legitimate legal procedures.

There is an error of misunderstanding of facts or misunderstanding of legal principles in the court below's decision that the defendant's act was not an act by law.

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

2. Judgment on misconception of facts and misapprehension of legal principles

A. The lower court found the Defendant guilty of the instant charges on the ground that, in light of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant recognized the fact that the password was changed during the interrogation process on September 30, 2013, namely, that the Defendant stated without accuracy of memory as to the change of the password of the witness F, and that the Defendant’s status and the relationship between the Defendant and F, and the circumstances leading to the change in the establishment and password, etc., it is reasonable to deem that the Defendant changed the course and password. In so doing, it cannot be deemed that the Defendant’s act as stated in the Defendant’s criminal facts in the lower court’s judgment, which did not go through a legitimate legal procedure under a contract between the Defendant and the Defendant, cannot be deemed as either a legitimate self-defense or a legitimate act.

B. “Business” subject to protection in relation to the crime of interference with business by the party’s determination of the interference with business.

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