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(영문) 서울북부지방법원 2021.02.16 2020노1356
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal

A. The instant act by the Defendants misunderstanding facts and misapprehension of the legal principles constitutes an emergency escape or legitimate act and thus, is dismissed from the illegality.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

B. Each sentence (Defendant A’s fine of KRW 1 million, Defendant B’s fine of KRW 500,000) sentenced by the lower court against the Defendants is too unreasonable.

2. Determination

A. The Defendants asserted the same purport in the lower court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine.

The lower court determined that the Defendants’ act of parking vehicles in the construction site and preventing the entire construction work is difficult to be deemed as “reasonable grounds” to avoid the current danger to the legal interests of the Defendants, and that the Defendants satisfied the requirements of reasonableness or supplement of the means and methods of the act in a political party act.

It is difficult to see even

Based on the determination, the Defendants’ assertion was rejected.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and the defendants' misunderstanding of facts and misapprehension of legal principles are without merit.

B. Examining the various factors indicated in the record, such as the background leading up to the instant crime, the circumstances before and after the instant crime, and the fact that efforts to recover damage were not made only on the part of their arguments that were difficult to accept, etc., the lower court’s sentencing is deemed appropriate, and there is no change in special circumstances that could change the sentence of the lower court at the time of the first instance trial.

The defendants' argument of sentencing is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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