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(영문) 수원지방법원 2017.07.26 2017노1235
업무방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, as the Defendant was unable to deliver the factory and its site as indicated in the judgment of the court below that was leased to the victim without receiving the deposit money from the victim, the Defendant’s mistake was not able to keep the container stuff in custody, and the Defendant’s act did not cause any hindrance to the passage of the vehicle on the site of the above factory site. Since the Defendant did not make a statement to the visitors to the above factory and site as stated in the judgment of the court below, the Defendant interfered with any business or even if there was an

Even if there is no criminal intent.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence sentenced by the lower court against the Defendant (an amount of one million won) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case was from around 2011 to lease and use the land and factory owned by the victim D, which were located in the Silsung City, and the Defendant transferred the possession to the victim following the procedure of compulsory execution of the real estate name lawsuit filed by the victim around January 2015.

The Defendant: (a) was unable to receive a deposit of KRW 6 million from the said victim at the said location from around December 2, 2015 to February 6, 2016; (b) was prevented from entering the victim’s factory and land entrance by bringing two containers at the victim’s factory and land entrance; and (c) was unable to have the name of the victim who had been in the said place to purchase the said factory and land at the above location “dward; and

This factory has a lot of liabilities, so there are no legal grounds for damages.

“The victim interfered with the sales and lease of a factory of the victimized person by stating that it is “.”

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

(c)

In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below, the prosecutor submitted the examination.

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