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(영문) 의정부지방법원 2019.05.09 2018노1224
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (fact-finding) evidence, in the process of the victim I’s attempt to move to a meal place around 12:00 on July 18, 2016 by the Labor Relations Commission Chairperson, the Defendants attempted to prevent the victim I from moving to a meal place in the vicinity of the cart, and even in the process of I’s attempt to enter a meal place from the cart to the meal place, it is confirmed that the victim I prevented the victim I from moving to a restaurant and delayed the entry into the restaurant.

Therefore, the judgment of the court below which acquitted the defendants on the other premise that the acts of the defendants who prevented I from driving into the front place constitutes obstruction of business, is erroneous in the misapprehension of facts and the judgment of the court below which affected the conclusion of the judgment.

2. The lower court found the Defendants not guilty on the grounds that it is difficult for the Defendants to be deemed that the Defendants interfered with the I’s movement and restaurant in light of the aforementioned facts and circumstances after recognizing the facts and circumstances as indicated in its reasoning based on the evidence duly admitted and investigated.

A thorough examination of the evidence of this case in light of the records reveals that the court below's determination of not guilty of the facts charged based on the fact finding and judgment as above is just, and there is no error of law of misunderstanding of facts as pointed out by the prosecutor.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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