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(영문) 부산지방법원 2015.04.30 2014노4558
업무방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since a mistake of fact does not interfere with the victim's business, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment.

B. The lower court’s sentencing (one million won of fine) is too unreasonable, even if not, on the other hand, unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with the contents of the facts constituting the crime as stated below (amended facts charged). Since this court permitted this case, the judgment of the court below was no longer maintained in this respect.

【Revised Indictment】

1. On July 10, 2013, at the 09:39:39, the Defendant: (a) obstructed the normal implementation of the project, such as filing an application for approval of use through the delivery of the said building by force, by preventing enforcement officers from enforcing compulsory execution of the said building, such as: (b) parking a passenger car owned by the Defendant’s wife in the vicinity of the said G building; and (c) making it difficult for them to pass through by blocking the entrance of the said building due to the failure of the said G building by the enforcement officers, etc., in order to implement compulsory execution of the delivery of real estate.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is again ruled as follows after oral proceedings.

【Discretionary Judgment】

1. The summary of the facts charged of this case against the defendant is as stated in Paragraph (2) of the above Article 2

The "T" stated in the written application for changes in indictment seems to be a simple clerical error). 2. Determination

(a) duties in respect of the crime of interference with business; or

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