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(영문) 의정부지방법원 2012.10.19 2012노1519
업무방해
Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the guilty portion of the judgment below in the grounds of appeal by the Defendants, the Defendants were several buyers who concluded a sales contract with the victim H Co., Ltd. for Goyang-gu E apartment (hereinafter “instant apartment”) at the time of the crime of this part, and held an explanatory meeting for delay of construction, false advertising, defective construction, etc. of the victim H Co., Ltd. as well as the members of the committee for policyholders of the instant apartment at the time of the crime of this part, but they did not completely prevent the entrance of the promotion center, and they did not interfere with the business of the victim H Co., Ltd. as they did not interfere with the business of the company.

Nevertheless, the court below found the Defendants guilty of this part of the facts charged. The court below erred by misapprehending the facts.

B. The Prosecutor’s grounds of appeal 1) Regarding the part of acquittal in the judgment of the court below on the erroneous determination of facts and misapprehension of legal principles as to the part of acquittal in the judgment of the court below, since the Defendants placed a banner, etc., which was written by the Defendants on the container as “Refusal to move, refuse to move, and refuse to move,” on the container, and conducted a demonstration in the public relations room adjacent to the public relations center, the Defendants could be found to have obstructed the work of the victim HH corporation by such a method according to the evidence submitted by the Prosecutor. Nevertheless, the court below acquitted the Defendants of this part of the facts charged. Thus, the court below erred in the misapprehension of legal principles and misapprehension of legal principles.

2. Determination

A. The establishment of the crime of interference with business by determining the misunderstanding of facts by the Defendants does not require the outcome of interference with business actually.

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