(영문) 부산지방법원 2016.05.12 2015노2758 | 리걸엔진

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(영문) 부산지방법원 2016.05.12 2015노2758

업무방해등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The first instance judgment [2014, 3604, Ga. Ga.] The Defendant, as an apartment resident, attended a meeting of occupants' representatives to express his/her opinion on the selection of an apartment building and outer wall construction company, and did not interfere with the business by making a customer’s several visits, as stated in the facts of the first instance judgment.

B) Criminal facts B. The Defendant, at the broadcasting room of the apartment management office, sent microphones to the Defendant, and sent microphones to the Defendant. The Defendant did not interfere with the Defendant’s business since he did not interfere with the Defendant’s business by threatening the Chairperson E, etc. of the Residents’ Representatives, who found the Defendant, to have sent a false broadcast.

2) Criminal facts of the judgment of the first instance [2014 high 4574] case A] A. The Defendant only reported the repair and painting construction of apartment buildings before entering into a construction contract, and did not interfere with the business by doing any act, such as scaming the lines, before entering into a construction contract.

B) Criminal facts B. The Defendant did not escape any disturbance, such as: (a) finding the apartment management warden to G, but only intending to threaten or attract G by pointing out the process of selecting a construction company; (b) the Defendant did not constitute a disturbance.

3) On the judgment of the court below 2, the defendant alleged the crime No. 1 (A) committed the crime with G, and the defendant responded to the police officer's questioning in order to explain the background of the dispute to the police officer dispatched due to the time cost with G, and the victim E was subject to a fine before the majority of the people who want to impair the honor of victim E.

There was no intention of defamation because it did not talk about.

B) Criminal 2) The Defendant did not talk with AB as stated in the facts constituting the crime No. 2 in the judgment of the second instance.

B. The lower court sentenced the Defendant to the sentencing unfair.

유사 판례

-대전지방법원 천안지원 2014. 1. 23. 선고 2013고정549 판결

-인천지방법원 부천지원 2016.05.26 2015고정1138

-의정부지방법원 고양지원 2017.12.12 2017고정510

-부산고등법원 2016.04.20 2015노732

-부산지방법원 2015.08.20 2014고정3604