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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant G, etc. was not recruited by Defendant G, etc.
The force of interference with business cannot be deemed to be a force on the road leading to the naval base team, and the whole time he/she was sitting cannot be deemed to be the interference with business.Although interfering with the access of a construction vehicle, obstructing the access of the construction vehicle can only interfere with the duties of the driver, it cannot be viewed as interference with the duties of the contractor or the subcontractor.
In addition, the defendant's act is a legitimate act because it aims to inform the problems of environmental destruction that may result in the naval base construction project.
The punishment of the lower court (2 million won of fine) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below on September 10, 2012, the defendant, around September 10, 2012, was aware that around 10:08, the defendant, along with G, L, etc., left about 9 minutes in front of the front entrance of the project team for the naval base construction work, and there was no ready-mixed vehicle going to go at the construction site. Accordingly, the defendant could be sufficiently recognized that he conspired with G, etc. as he acted together with the same intent of opposing the naval base construction project at the same place with the same intent, and the defendant's act of occupying and sitting at the entrance to prevent the entry and exit of the construction vehicle constitutes a force of interference with business as a force of force of the other party's free will, and not only the duties of the driver but also the duties of the victims, who are the cooperation company at the construction site or the cooperation company at the construction site at the construction site, constitutes an act that interferes with or is likely to interfere with the other party's business.
Furthermore, it can be seen that the naval base construction project, which is being conducted with legitimate approval, is illegal.