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(영문) 서울서부지방법원 2020.10.08 2019노1223
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's act of the gist of the grounds for appeal did not enter the office of the defendant and proceeded with interviews and meetings at the nearby coffee shop of the Han-month company, it can be deemed that the result of interference with business actually occurred, and at least the risk of interference with business has been sufficiently caused.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Examining the judgment of the court below after comparing it with the records, the court below obstructed the victim's work by the defendant's act on the grounds as stated in its reasoning.

It is reasonable to recognize that there has been a danger of interference with business or business, and there is no error of misconception of facts pointing out by the prosecutor.

The prosecutor's assertion of mistake is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.

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