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(영문) 춘천지방법원 강릉지원 2020.07.21 2019노531
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not know that the victim’s laundry did not properly manage the laundry entrusted by the victim and distributed it to the outside, and due to the Defendant, the entrustment contract for the laundry between the F hotel and the victim is not terminated.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (one million won of a fine) is too unreasonable.

2. On the date of the first trial of the trial of the court of first instance, the prosecutor held that the crime and applicable provisions of the Act to the facts charged in this case were maintained as they are, and applied for the amendment of the indictment as stated below. Since this court permitted this and changed the subject of the trial, the judgment of the court below cannot be maintained any more.

Although there are such reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

In the revised facts charged, the Defendant is a person operating “C” in the East Sea, and the victim D is a person who enters into a contract with “F hotel” and “E” in operating the Defendant’s competitor, to laundry and dispose of the laundry of the said hotel.

On September 2018, 2018, the Defendant asked G (E) who served as a delivery engineer at a laundry site of the victim’s laund, to receive a laundry scheduled to be discarded from “E”, and was delivered through the Defendant’s chair, the Defendant used it to draw up a contract for the disposal of laundry between “E” and “F hotel.”

On October 26, 2018, at around 13:30 on October 26, 2018, the Defendant taken six copies of the laundry “F hotel” in the above “C,” and called to H’s cell phone, the head of the customer management team of the said hotel, and flown of the F hotel’s new line is leaked to the Third Deputy Commissioner, etc. in Gangwon-si.

the hotel shall be love.

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