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(영문) 서울중앙지방법원 2016.07.14 2016노106
업무방해
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. Where several orders of the judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time for concurrent crimes within the scope of the judgment of this court, are separated from other parts, and where only the defendant appealeds the part of the judgment of the court of first instance which pronounced not guilty or not guilty with respect to a part of concurrent crimes, the judgment of not guilty with respect to which the defendant and the prosecutor did not appeal has become final and conclusive as the period for appeal expires, and the part of the judgment of not guilty with respect to which the appellate court has not appealed is pending in the appellate court. Accordingly, the part of the judgment of not guilty has to be reversed in the appellate court (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 201Do10985, Nov. 25, 2010; 2010Do10985, Oct. 14, 2014; 2010Do15, 2015).

Thus, the portion of the judgment of the court below which is not guilty is separately determined in accordance with the above legal principles, and thus, the scope of the judgment of this court is limited to the portion of the judgment below's conviction.

2. The summary of the grounds for appeal does not fall under the business subject to the protection of the crime of interference with business, and there is no fact that the defendant exercises power as referred to in the crime of interference with business.

3. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Of the facts charged by the prosecutor for the first time, the sentence No. 4-6 of the judgment of the court below on December 5, 2014 is about 09:00, the above D market.

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