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(영문) 광주고등법원 2019.01.31 2018노318
업무방해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that from the date of this judgment.

Reasons

1. Progress of judgment;

A. The lower court determined that it was difficult for the Defendant to recognize the intention of interference with business, and thus acquitted the entire facts charged of the instant case, and the prosecutor appealed on the ground of mistake of facts and misapprehension of the legal doctrine.

B. The lower court rejected the prosecutor’s appeal on the ground that it is difficult to readily conclude that the Defendant had an intention to obstruct the business of the Defendant solely based on the fact that the Defendant did not implement the procedures prescribed by the relevant provisions and prepared relevant documents while conducting a regular inspection of subparagraph E before remanding the case, and that the prosecutor appealed on the judgment prior to remand.

C. The Supreme Court did not accept the Prosecutor’s ground of appeal on the part concerning obstruction of business related to the extension of the fiveth floor exhibition room among the facts charged in the instant case, but the Prosecutor’s ground of appeal on obstruction of business related to the defendant’s slope test, the sloping boarding device, the sloping light, and the 4th floor entrance entrance inspection, was accepted, and reversed the entire judgment of the court prior to the remand on the ground that the facts charged in the instant case is a single comprehensive crime.

2. The gist of the grounds for appeal was found not guilty in the court below's judgment, and the court of final appeal also withdrawn the allegation of the grounds for appeal as to interference with the inspection of extension of the fiveth floor exhibition room, which is the part of the court below's judgment

- The Defendant asserted the misunderstanding of facts and misapprehension of legal principles as to interference with the inspection of the sloping boarding equipment, the sloping light, and the 4th floor passenger room entrance entrance, while conducting the regular inspection of the vessel E, shall comply with the procedures and methods stipulated in the relevant laws and regulations and the bylaws of the incorporated association (D. hereinafter referred to as “D”) established based thereon, even if they did not properly comply with the procedures and methods of inspection.

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