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(영문) 광주지방법원 2015.08.13 2014노3207
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, for about five minutes, committed a confusion with the counter staff of the Korean Racing Association as a matter of the amount of marina rights, the Defendant did not interfere with the victim’s business, but did not assault the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 1,500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s determination of mistake of facts and the evidence duly admitted and investigated by the appellate court, the Defendant may interfere with the business of the victim’s Korean Racing Association by force as stated in the facts charged, and recognize the fact that the victim’s left side part of the victim’s E

1) The victim E refers to a security guard at the Korea Racing Association D point. The defendant sent 1,00 foot 10,000 won and 100,000 won to the female personnel of the selling shop, and expressed 15 minutes of his/her desire to prevent other people from purchasing the right. When the employees including himself/herself want to get out and send out the defendant, he/she expressed that he/she was her her bucked with his/her her son, and reported his/her her her buck with the police with his/her her son, and that he/she reported his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

3. In light of the fact that the instant site is a marina ticket sales shop used by the public, and that the Defendant could not sell a horse ticket by taking a bath to the counter staff, etc., the Defendant’s act constitutes force on the crime of interference with business.

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