(영문) 전주지방법원 2012.12.28 2012노298 | 리걸엔진

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Reasons

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자간(%)

(영문) 전주지방법원 2012.12.28 2012노298

업무방해

Text

1. The guilty portion of the judgment below shall be reversed.

2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The defendant is above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) When the original adjudication was rendered on September 10, 2009, there was no fact that the Defendant and the employees of the service company to prevent the entry into the school room on September 10, 2009. However, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B) In the original adjudication, the Defendant was notified by the bachelor’s degree director L, who had legitimate authority to manage the school affairs at the time, and the Defendant was urged to continue the school affairs, and even if there was no intention to engage in the crime of interference with business, the lower court accepted this part of the facts charged and found the Defendant guilty. In so doing, the lower court erred by misapprehending the legal principles on the facts charged and thereby affecting the conclusion of the judgment. (2) Although it is recognized that the Defendant interfered with the school affairs of the victim D (hereinafter “victim”) (hereinafter “victim”), the Defendant’s act is an act to resist the victim’s illegal act or to proceed with the lectures notified by L, and constitutes a justifiable act that does not violate the social rules, the lower court accepted this part of the facts charged, and found the Defendant guilty. In so doing, the lower court erred by misapprehending the legal principles on the legitimate act, thereby affecting the conclusion of the judgment.

3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (fine 300,000,000) is too unreasonable.

B. On September 8, 2009, the Defendant, at the quarantine station established adjacent to the C’s door, sent a disturbance with an interest set up in that place, and on September 12, 2009, the Defendant used microphones and large spackers in front of the building of the above university.

유사 판례

-전주지방법원 2012.12.28 2012노710

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