beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Since the defendant parked a vehicle in the parking line, there was no interference with business, and the victim C is faced with the defendant's future in the future, and the defendant is not driving the vehicle.
Therefore, even though the crime of interference with business and the crime of injury is not established, the judgment of the court below which found the defendant guilty is erroneous by mistake and adversely affecting the judgment.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the defendant's vehicle parking line is set up in front of the entrance at the exhibition center of this case where the defendant purchased a halog vehicle, and the defendant requested the exchange of the vehicle by asserting that there are some defects in the vehicle he purchased. However, the seller has the right to receive the remuneration, and the defendant did not accept it, and therefore, the defendant can find the fact that he parked the vehicle in the above parking line and left it for about nine days.
However, the following circumstances revealed by the aforementioned evidence, i.e., ① the exhibition hall of this case has only one entrance prior to the entry of the vehicle, ② the above exhibition hall set up a parking line in front of the above entrance for the convenience of customers, but the above space appears to have to be periodically cut off for the sale and return of the exhibition vehicle, ③ the defendant seems to have been aware that if he parks his vehicle in the above space after parking the vehicle, it would interfere with the operation of the exhibition (the next day of the parking, the business member sent a letter requesting the delivery of the key because he did not perform any work due to the vehicle of the defendant, but the defendant refused to do so). In light of the various circumstances revealed in the records and arguments, such as this case, such as the fact that it appears that he would have been aware of the fact that the vehicle parking in the above space would interfere with the operation of the exhibition.