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(영문) 부산지방법원 2016.01.29 2015노1362
특수절도등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The facts alleged by the court below in the reasoning of the judgment are different from the substantive truth, and the victims filed a complaint against the Defendants in order to acquire the Defendant M&A’s share in the Defendant, and the Defendants were the victims, but the judgment of the court below which found the Defendants guilty of all the facts charged in this case is erroneous in the misapprehension of facts

2) Each sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months; Defendant B’s imprisonment for 6 months; community service hours for 80 hours) against the Defendants of the judgment below unfair in sentencing is too unreasonable.

B. The sentence against Defendant B of the Prosecutor’s judgment is too unhued and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, “work” subject to the protection of interference with business under the Criminal Act in the part of the crime of interference with business is an occupation or continuous work, or a business which is worth protection from harm caused by an unlawful act of another person. It does not necessarily need to be lawful or effective. Whether the business is a business worthy of legal protection is determined depending on whether the business actually becomes the basis of social activities. Even if there is a substantive or procedural defect in the process of commencement or performance of the business, the degree of such defect is so anti-social that it cannot be easily acceptable in social life, or that it cannot be evaluated equally in terms of legal protection (see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). According to the evidence duly adopted and investigated by the lower court and the first instance court, the victims were extinguished by the agreement with the M&A on Nov. 21, 2013, and all of the victims were transferred from M&A to the lower court and the lower court.

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