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(영문) 인천지방법원 2016.06.29 2016노332
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was on the part of the Defendant, he/she did not interfere with the business of the victim M around March 9, 2015 and did not interfere with the business of the victim M.

B. Even if the Defendant was found guilty, the lower court’s punishment (amounting to KRW 2.5 million) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the case before the judgment on the grounds for appeal by the Defendant, and the date and time of the offense against the Victim M among the facts charged in the instant case, which the prosecutor tried to change from “ around March 20, 2015 to “ around March 9, 2015” to “ around March 9, 2015,” and the subject of the judgment by this court was changed by permitting it, the judgment of the court below was no longer maintained in this respect.

However, the Defendant’s assertion of misunderstanding of facts is still subject to the judgment of this court despite the above ex officio reversal, but the facts charged after the alteration are merely clarifying the date and time of the crime committed prior to the alteration, and thus, it is not separately determined.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Judgment] The Defendant is a member of the “E” grouping group of individual service providers, who engage in a business in the vicinity of the “D”, a place where the business is several months, among the individual service providers, who have parked a call Ban in the Incheon Airport parking lot and have access to the customer possessing the cargo and engage in illegal entertainment.

1. On January 1, 2015, the Defendant found that the Defendant committed the instant instant act against the Victim K, who is a taxi driver, at the victim K ( South and North 53 years old) in the instant Latts on the first and second day of January, 2015, and the Defendant would be able to go to the Defendant “I am going to go to the Defendant. I am to am to b. Chewing.

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