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(영문) 청주지방법원 2017.02.03 2016노896
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, found E to receive wages in arrears, is merely a fact that E was parked in front of the door because E was locked by leaving the entrance. At the time, E had already completed the upper and lower work, and there had been some household work.

Even in the above logistics warehouse, there are two entrances in the above logistics warehouse, and it may be carried out the cargo vehicle at the opposite entrance that the defendant parked.

Considering these circumstances, the evidence submitted by the prosecutor alone cannot be deemed as constituting “power of force” of the crime of interference with business by the defendant.

B. The sentence of the lower court’s improper sentencing (700,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case: (a) the Defendant, B, and D entered one ton of freight vehicles in the households of “G” located in the “F of the Chungcheongbuk-gun operated by the Victim E; and (b) the delivery company of home appliances; and (c) delivery of furniture and home appliances.

Persons are the parties.

On September 1, 2015, from around 08:00 to around 10:00 to around 10:00, the Defendant and B: (a) parked two cargo vehicles in front of the above logistics warehouse entrance in order to prevent delivery goods from being loaded or unloaded; and (b) by force, the Defendant and B and D interfered with the delivery business of household and household appliances.

B. The lower court also denied the same purport as the grounds for appeal, but the lower court convicted the Defendant of the instant facts charged on the grounds that the following circumstances acknowledged by the evidence duly admitted and investigated:

The Defendants found the victim to request the payment of delivery benefits, and parked two cargo vehicles that the victim would not respond to, even in the logistics warehouse entrance, set up two cargo vehicles at the logistics warehouse entrance, and reported 112 on the part of the victim, and the police officer dispatched two cargo vehicles.

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