(영문) 서울중앙지방법원 2014.10.24 2014노2028

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(영문) 서울중앙지방법원 2014.10.24 2014노2028

업무방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (defendant B and C) Defendant B did not have any desire for a victim G or a construction business operator due to his test, nor did he interfere with the construction work.

Defendant

C also did not interfere with the victim or J with the harm of each item.

Furthermore, even though the victim actually had a dispute over litigation and shop occupants between the management body or merchants of the E building, a primary shop, shows a doubtful behavior that it is possible to regard the victim as a business in accordance with the Business Building Management Rules, it is difficult to see that the defendant's act interfered with any business of the victim.

B. In light of the circumstances of the instant case, etc., the sentencing of each of the first instance trials on the Defendants (the Defendant A’s fine of KRW 8 million, Defendant B, and each of the fines of KRW 4 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, Defendant B and C are also examined.

Comprehensively taking account of the evidence duly adopted and examined by the first instance court, as set out in the judgment, each date and each place of the first instance trial, as shown in its reasoning, Defendant B shall be prohibited from performing the construction by taking a bath at the victim G and his request, and Defendant C shall not perform the said construction by: (a) preventing the victim and the J from carrying out the said construction by taking a bath at the victim’s and the J with each part of the surrounding areas; and (b) preventing the victim from carrying out the said construction by taking advantage of the land as a threat to open the office of H Association I branches under a lease agreement with the owner; and (c) thereby obstructing the victim’s business related to the said Association I branches of the victim who tried to carry out the said construction in order to open the H Association I branches office under a lease agreement with the owner; and (d) as shown in accordance with the Defendants’ assertion against this, the fact that the victim’s business related to the said Association I branches of the lower court

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