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(영문) 광주지방법원 2017.11.07 2017노2067
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles do not constitute a misunderstanding of facts and the Defendant did not exercise the power by pushing the victim E, and as such, the victim D who refused to pay a card was subject to business registration number, etc. to report to the National Tax Service, and the Defendant remains in his/her store, illegality is dismissed as a legitimate act.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. misunderstanding of facts and legal principles 1) The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the part of exercising power, namely, CCTV, the Defendant was taken a body of the victim E, and the witness G, as well as the victim E, D, and the witness G, consistently, from the investigation stage to the lower court, had the victim E.

In light of the fact that the Defendant stated, it is difficult to accept the argument.

2) In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, namely, the Defendant demanded the National Tax Service to report the victims to the National Tax Service, but the victims refused it, and caused the victims E to go beyond the control of the victims, and there was no other means or methods to report the victims to the National Tax Service even if there was no personal information such as the business registration number.

As much as it is difficult to see, it is difficult to regard the Defendant’s act of staying in the victim’s business place as a justifiable act.

3) Accordingly, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

B. Sentencing unfair sentencing is an initial offender who has no record of crime. However, the Defendant reported the disturbance to the National Tax Service and sent the disturbance to the police upon the victims’ report, but sells lottery tickets to the victims again.

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