beta
Text
Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of the facts or misapprehension of the legal principles, the Defendant, who delegated the case to the victim B, was merely an objection against the handling of the case by the victim, and thereby has interfered with, or has intentionally interfered with, the victim’s business by force.
It cannot be seen that the victim is justifiable to demand the withdrawal of the defendant.
As can not be seen, the judgment of the court below which convicted the defendant of obstruction of business and non-compliance with the withdrawal order is erroneous in the misapprehension of legal principles.
(2) The lower court’s sentence (an amount of KRW 700,000) against an unjust defendant in sentencing is too unreasonable.
B. According to the evidence submitted by the Prosecutor (Defendant B), the lower court acquitted Defendant B of this part of the facts charged, even though it was recognized that Defendant B inflicted an injury on the complainant A, as shown in the facts charged, did not err by misapprehending the facts.
2. Determination
A. (1) In full view of the following facts acknowledged by the lower court based on the evidence duly admitted and investigated as to the Defendant A’s assertion of misunderstanding of facts or misapprehension of the legal doctrine, the victim’s demand to leave the Defendant cannot be deemed unfair, and the Defendant may sufficiently recognize the fact that he interfered with the victim’s business by force as well as the victim’s demand to leave the victim.
Therefore, the defendant's above assertion is without merit.
① On November 28, 2012, the Defendant and F delegated the victim B with respect to the treatment of “the first instance trial of a complaint case such as violation of special law (e.g., fraud) and violence, etc., and D hotel and the first instance trial of civil lawsuit against J,” and around that time, the Defendant and F paid KRW 10 million to the victim.
(2) The accused and F shall be the victim who is accused of the crimes that they have raised and the accused and F shall not be able to settle the cases, such as the non-prosecution disposition is initiated.