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(영문) 대전지방법원 2017.09.07 2017노396
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below acquitted the Defendants of the charges of this case on the ground that the Defendants did not recognize the intent of interfering with their duties, even though the Defendants could sufficiently recognize that the Defendants’ act of taking about 30 residents and about 15 minutes and about 30 minutes and about 15 minutes constitutes a threat of force as to the crime of interference with their duties and thereby caused the obstruction of their duties.

2. The lower court determined that the Defendants intentionally interfere with the business performed by the president, etc. as the executive officer of another stock company.

The lower court acquitted the Defendants of the instant facts charged on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendants had an intentional intent to interfere with the business performed by the president, etc. as an executive officer

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that there was an intentional act by the president of the partnership, etc. as an officer of M Co., Ltd. with the exception of the purpose of the paragraph.

As such, the lower court did not err by misapprehending the facts alleged in the prosecutor’s allegation in the judgment that acquitted the instant facts charged.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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