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(영문) 부산지방법원 2016.05.13 2016노254
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on September 13, 2013, did not instruct a victim E corporation to a fraction in the part of the building owned and managed by the victim E corporation, and did not participate in or conspired to do so on September 13, 2013.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence and observation of protection in October) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts: ① the co-owner of a building in Busan-gu, the Defendant’s representative director (hereinafter “D”) and the victim E Co., Ltd., as the co-owner of the building in Busan-gu; D owned and managed the second floor from the first floor to the third floor above the ground; and the victim, respectively, owned and managed the second floor from the third floor above the ground; although D and the victim used the second floor above the water supply pumps in joint management and joint management and joint management; ② the witness of the lower court, the team leader of the victim’s facilities, as the victim’s team, was in charge of managing and managing the second floor key above the ground; ② the witness of the lower court, the victim’s team, was found to be the head of D’s management office when the water supply was suspended on September 13, 2013.

In other words, the Defendant stated that “the water was supplied after about 20 minutes of the deposit of the management expenses,” ③ the Defendant is the user of A as the representative director of D, and there was an enemy ordering A to cut off on December 15, 2014, ④ the Defendant and A led all the facts charged at the first trial date of the lower court, and ⑤ the Defendant thereafter.

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