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(영문) 대전지방법원 2015.05.28 2014노3637
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is that the Defendant would close the road (hereinafter “the road in this case”) set up in Seosan-si K, the only way for the Defendant to go through the Defendant’s home located in Seosan-si, Seosan-si (hereinafter “the road in this case”), and thus, the Defendant has a legitimate right to prevent the said construction, and is not a domestic affairs.

Therefore, the judgment of the court below is erroneous in misconception of facts and misapprehension of legal principles.

(2) In light of the aforementioned legal principles and evidence duly adopted and examined by the court below, the court below's rejection of the defendant's assertion on the grounds that it cannot be said that the defendant could not preserve his/her claim under the legal procedure or that it was extremely difficult to do so. 2. The court below's rejection of the defendant's assertion on the ground that the defendant's assertion on the ground that it was impossible or considerably difficult to preserve his/her claim under the legal procedure at the time of the instant case's rejection of the defendant's assertion on the ground that the defendant's assertion on the grounds that the defendant's assertion on the grounds that it was impossible or considerably difficult to preserve his/her claim under the legal procedure at the time of the instant case's rejection of the defendant's assertion on the grounds that there was no legitimate right to prevent the construction of the instant case from being alleged in the court below, and there is no error in the misapprehension of legal principles as alleged in the grounds for appeal by the court below.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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