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(영문) 서울북부지방법원 2017.05.26 2016노2083
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant merely known the parties that the passage route of a newly-built private road is a private road (private road) in sale, and did not interfere with the sale of the private road by spreading false facts.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted by the evidence duly admitted as to the assertion of mistake of facts, the fact that the victim was a private road (private road) along the passage route from the new construction loan to the public road (public road) sold by the injured party is recognized.

However, even if the victim is not in the lawsuit, the victim stated the false fact that it is in the process of the claim for the rent, which caused a trouble in the sale of the property.

The defendant is engaged in the real estate brokerage business, and the victim was aware of the process of purchasing the land borrowed from the beginning.

In addition, the judgment of the court below which found the defendant guilty of the facts charged of this case is justified, in full view of the time when the defendant raised an issue of passage, the matters requested by the victim at the time, the time when the banner of this case and poster of this case were attached, and the progress of related

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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