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(영문) 수원지방법원 2020.02.18 2019노4878
업무방해등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

A. Defendant (guilty part in the judgment of the court below) interference with the business of Defendant 1 did not intentionally make an investment of the cosmetic in front of the victim’s beauty room entrance (the upper part of the judgment of the court below) (the fact is only the fact that the small amount of the labsium was

(2) Although the fact that the Defendant posted the same article as the facts charged in the group distribution room, the relevant notice alone cannot be deemed as specifically specifying the victim (the victim’s identity cannot be known from a third party) and there is no intent to insult the Defendant.

Even if the defendant's act constitutes an element of insult.

In light of the motive, circumstances, etc. of posting a letter, this constitutes a legitimate act.

(B) The defendant and the husband of the victim committed an act that may be at issue of embezzlement, breach of trust, etc. in the course of the management of the commercial building, and published a notice for the public interest purpose that discusses complaints about such act and examines occupants.

According to the evidence submitted by the prosecutor (not guilty part in the judgment of the court), the fact that smells in the beauty room of the victim did not affect the merchant's business is recognized.

Nevertheless, it constitutes an act of spreading false facts to interfere with the victim's duties, thereby harming the victim's duties. The Defendant’s attachment of a smell that is likely to cause hairs, etc. in the beauty room of the victim, as stated in this part of the facts charged.

2. Judgment on the defendant's assertion about obstruction of business

A. The summary of the facts charged in this part of the facts charged is as follows: (a) the Defendant was a person who operates the YA on the third floor of the YA while Ansan-si; and (b) the victim C is a person who operates the cosmetic from the 2nd floor to the 2nd floor.

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