(영문) 부산지방법원 2017.11.23 2016노5152 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2017.11.23 2016노5152

업무방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B did not exercise the legitimate right of retention at the time, and did not interfere with the construction work by abusive language or force, and the court below found Defendant A and B guilty of the facts charged in this case. The court below erred by misapprehending the legal principles and misunderstanding of facts.

B. Defendant C did not interfere with the construction work by exercising the legitimate right of retention at the time, taking a bath or intentionally unloading a drinking line, and the lower court found Defendant C guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2. Determination

A. On October 2, 2013, the instant facts charged E company (representative director C) concluded a construction standard contract with the F to build a new apartment house in G at the same time, but the said construction was suspended from April 1, 2014 when a dispute arose with the F and the payment of gold, etc., and (ju) the F concluded a new construction contract with the victim H on April 9, 2014 with the E company and started to claim a lien on the said land thereafter.

1) On May 15, 2014, the Defendants jointly committed the crimes of Defendant B and Defendant A: (a) reported on around 10:00 on the site of the construction of the above apartment house in question; and (b) that the victims are doing the construction by using pokes; and (c) Defendant B, the director of the E company, was prevented from moving the pokes onto the above pokes in the direction of the progress of the pokes; and (d) Defendant A, the head of the management team of the E company, also Defendant A, the head of the management team of the E company, was seated in the pokes of the pos.

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As a result, the Defendants conspired to interfere with the work of the injured party by force.

2) The Defendant C from May 15, 2014 to around 15:00, and the above.

유사 판례

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