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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
3.2
Reasons
1. According to the records of the judgment on Defendant C’s appeal, Defendant C filed an appeal against the lower judgment on January 29, 2013, but the same year.
2. 25. Although a written notification of the receipt of the trial record was received by this court, it was not submitted within the lawful period for submission of the grounds for appeal. The petition of appeal does not contain any grounds for appeal, nor does it find any grounds for ex officio investigation on the records
2. Summary of the grounds for appeal by the remaining Defendants and the prosecutor
A. Defendant D, H, and J 1 cannot be deemed to have had intention to obstruct the business of the above Defendants. The above Defendants’ act of standing prior to the main entrance of the instant construction site cannot be deemed to constitute “defluence” of the crime of interference with business, and even if such act constitutes force, the exercise of force is merely an act conducted against the driver of a vehicle of ready-mixeds, etc., and thus cannot be deemed to be an exercise of force against the naval base construction work. Furthermore, the above Defendants’ act constitutes a legitimate act to block illegal naval base construction work. Furthermore, even if it is found guilty of the above Defendants, the lower court’s sentencing (each fine of KRW 3,00,000) is too unreasonable.
B. The lower court’s sentencing against Defendant C is too unhued and unreasonable.
3. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the above Defendants may recognize the fact that they interfere with access of the construction vehicles by leaving or sitting at the main entrance of the construction site of this case in order to delay the construction of this case. This act prevents the entrance to the construction site of the naval base construction site. Thus, it can be viewed as interference with the construction work, and all of the above act is sufficient to suppress the victim's free will.