(영문) 대구지방법원 2017.12.01 2017노1925 | 리걸엔진

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(영문) 대구지방법원 2017.12.01 2017노1925

업무방해등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000 and by a fine of KRW 1,00,000.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant A’s obstruction of business among the facts charged in the instant case, the Defendant was exercising the right of retention on the instant factory building jointly with the victim. However, since the victim obstructed the Defendant’s exercise of the right of retention at the time, the victim merely committed the act indicated in the instant facts charged and did not intend to interfere with the victim’s exercise of the right of retention.

2) Defendant B was intended to take over the factory he purchased, and there was no conspiracy with Defendant A as to the fact that Defendant A interfered with the victim’s right of retention.

B. The punishment sentenced by the lower court (Defendant A: 5,00,000 won, Defendant B: 3,000,000 won) is too unreasonable.

2. Determination

A. The lower court determined that Defendant A’s assertion that Defendant A had committed the instant crime for the purpose of exercising his/her right of retention was without merit, on the grounds that, in full view of the evidence as indicated in the judgment, Defendant A renounced the right of retention on the instant factory building and agreed with G, a company that purchased the instant factory building around October 20, 2015, prior to the date of the instant crime, and Defendant A committed the instant crime, not for exercising his/her right of retention, but for the purpose of avoiding the victim’s right of retention and allowing G to occupy the instant factory building.

The judgment below

Examining the text closely with the record, it is acceptable that the circumstances and the deadline set by the court below are justified, and there is no illegality due to the mistake of facts as alleged by the defendant.

Defendant

A’s assertion of mistake of facts is without merit.

B. Determination as to Defendant B’s assertion of mistake of facts

유사 판례

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