(영문) 서울중앙지방법원 2018.06.21 2017노4482

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.06.21 2017노4482

업무방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Judgment on the prosecutor's appeal

A. The gist of the grounds of appeal 1) misunderstanding of the facts and misapprehension of the legal principles (not guilty part of the judgment of the court below), the court below found the Defendant not guilty of interference with business among the facts charged in this case on the ground that the Defendant’s act did not pose a risk to obstruct the victim’s business or could not be recognized as the Defendant’s criminal intent.

However, the obstruction of business is an abstract dangerous offender and only caused the risk of interference with business, and it does not require the result of interference with business actually. In addition, it includes not only interference with the execution of business, but also wide interfere with the management of business.

In this case, there was a risk that the defendant's act will interfere with the victim's business, and the above act was conducted under the intent to interfere with the victim's business, so the defendant had the intent to interfere with the defendant's business.

Therefore, the judgment of the court below which acquitted the Defendant of obstruction of business among the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2) The sentence sentenced by the lower court to the Defendant (a sum of KRW 300,000) is too uneased and unfair.

B. As to the assertion of misunderstanding of facts and legal principles, the lower court, while explaining in detail the grounds for determining the obstruction of business among the facts charged in the instant case, found the Defendant not guilty of this part of the facts charged on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize the criminal intent against the crime of obstruction of business, and that there is no other evidence to acknowledge it.

Examining the evidence duly adopted and examined by the court below in light of the records, such determination by the court below is justified, and contrary to the prosecutor’s assertion, the court below erred by misapprehending the facts or by misapprehending the legal principles

유사 판례

-서울남부지방법원 2018.07.12 2017노1535

-서울북부지방법원 2017.05.26 2016노2317

-서울동부지방법원 2017.07.21 2017노123

-대전지방법원 2018.10.11 2018노959

-수원지방법원 2016.08.26 2016노373