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(영문) 서울북부지방법원 2020.05.12 2019노1976
업무방해
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal, mistake of facts, and misapprehension of legal principles, the Defendant merely demanded the employees of the convenience store to go against the fake and to go against the will to exercise any power or to interfere with business, and the Defendant’s act in the convenience store was conducted in the process of making a legitimate objection as a customer using convenience store. Therefore, it should be evaluated as a justifiable act that does not violate the social rules.

The sentence of a fine (700,000 won) imposed by the court below on the defendant of unfair sentencing is too unreasonable.

In full view of the evidence duly adopted and examined by the court below as to the allegation of mistake of facts as to the grounds for appeal (in particular, the testimony at the investigation agency of B and the court below, and the field CCTV CD images supporting the above statements), the defendant may sufficiently recognize the fact that the defendant interfered with the operation of convenience stores by force by force, such as delaying other customers' accounts as stated in the facts charged, blocking employees who intend to get out of convenience stores, or neglecting employees' demands for delivery, and thus, this part of the defendant's assertion is without merit.

In light of the contents, circumstances, and means of the instant crime and the degree of damage recognized by the evidence duly admitted and investigated by the court below, it does not seem that the Defendant’s act constitutes a justifiable act that is reasonable to the extent that it is permissible by social norms. Therefore, this part of the Defendant’s assertion is without

As to the assertion on unfair sentencing, the Defendant appears to have failed to cope with the Defendant’s fault in the process of protesting against the employee’s depression. However, considering the Defendant’s age, the background of the instant crime, circumstances after the instant crime, personality and conduct, and all of the sentencing conditions, such as the Defendant’s age, the circumstances after the instant crime, character and environment, etc., the Defendant

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