(영문) 수원지방법원 2017.12.27 2017노7134 | 리걸엔진

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(영문) 수원지방법원 2017.12.27 2017노7134

업무방해등

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The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. (1) On July 8, 2016, with regard to the interference with business due to the installation of a pipe and interference with general traffic, Defendant A’s act of installing posts did not “to the extent that it makes it impossible or significantly difficult to pass,” thereby constituting a crime of interference with general traffic. Accordingly, the victim’s interference with the operation of fences.

shall not be deemed to exist.

(2) With respect to the obstruction of business due to the installation of a hack pipe around November 18, 2016 and the general traffic obstruction, the victim’s “marball construction” does not relate to the victim’s “operation of a hacks” business, but is related to the victim’s “operation of a hacks” business.

Even if it is a single time, it does not constitute a business requiring "retinctity".

B. Each sentence sentenced by the lower court against the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. Although the Defendants alleged that the lower court had the same purport as the allegations in the grounds of appeal, the lower court rejected the said assertion on the grounds of its stated reasoning, and found the Defendants guilty of the facts charged.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the judgment of the court below which found the defendants guilty of the facts charged is just and acceptable. There is an error of law by misunderstanding the facts as pointed out by the defendants and affecting the conclusion of the judgment

Therefore, the Defendants’ above assertion is without merit.

B. The instant crime of determining the illegality of sentencing is that the Defendants interfered with the victim’s business by force and interfered with the general traffic, and the nature of the instant crime is not weak in light of the content and result of the relevant crime.

On the other hand, the defendant A is the victim.

유사 판례

-창원지방법원 거창지원 2017.06.09 2016고정139

-대전지방법원 홍성지원 2021.01.26 2020고정161

-창원지방법원 2017.11.09 2017노1826

-대구지방법원 포항지원 2018.05.16 2017고정447

-대구지방법원 2018.11.15 2018노1990