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(영문) 의정부지방법원 2018.01.30 2017노3025
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below which acquitted the defendant of the facts charged of this case on different premise, although the defendant interfered with the real estate brokerage business of the victim G by exercising power as stated in the facts charged of this case, is erroneous in the misapprehension of facts and thereby affecting the conclusion of the

2. In full view of the circumstances stated in its reasoning, the lower court determined that the Defendant is the abbreviation of “D” meetings of certified intermediaries located in the C district when the Defendant obstructed the sharing of information with the victim or “D”, respectively.

It is the abbreviation of "F", which is a group of certified intermediaries E in the case of Fyang-si, the injured party's "F" member.

“Interference with the victim’s business by force, such as demanding a prohibition of transaction or sharing of information with the victim.”

It is difficult to conclude it.

In view of the facts charged, the lower court acquitted the Defendant.

In addition, the circumstances indicated by the court below are that even if each member of the "D" and the "F" belonging to the defendant and each member of the "F" are obligated to share business information in accordance with the rules of the organization to which they belong, there is no obligation to share business information to other certified intermediaries, the judgment of the court below is just and acceptable, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, prosecutor's assertion of mistake is without merit.

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

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