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(영문) 부산지방법원 2016.01.22 2015노3090
업무방해등
Text

The defendant's appeal is dismissed.

Expenses of the trial in question shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the obstruction of business, the Defendant only demanded D’s business registration certificate, etc. to the employees of D’s singing stores at the time, and did not take a bath or attempt within the above main points.

Nevertheless, the judgment of the court below which found the defendant guilty of obstruction of business is erroneous in the misapprehension of facts.

B. As to the violation of the Copyright Act, “G” musical instruments operated by Defendant were taken by Defendant’s operation from April 1, 2014 to December 2, 2014, with respect to the unpaid management measures, and did not themselves operate the business itself.

Therefore, on April 24, 2014, a singing recorded in the facts charged was transmitted on the premise that business was conducted.

In light of the above, the court below found the defendant guilty of violating the Copyright Act.

(c)

On the part of the defendant's injury, the sprink of the sprinking of the sprink is limited to the face of the victim's L, and there is no smelling in the face of the victim's L.

Nevertheless, the judgment of the court below which found the defendant guilty of injury is erroneous in the misapprehension of facts.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below regarding interference with the operation of the business, i.e., whether the victim E, who was an employee of the instant singing shop, entered the Defendant’s singing shop around March 25, 2014 to the court of the court of the lower judgment, and “the name of the president has been changed,” from the investigation stage to the court of the lower court.

Whether each business is directly operated or not

In doing so, “the business places were threatened to suspend the business if the business places were confirmed.”

Since then, whether she is in a way to crack down on the phone, and whether she is in a way to control;

of the police officer who received the call and what is the name of the police officer

“Along with the high character of words, a business registration certificate and a business license were laid on the tables, and a plaque was laid on the table (whether a business registration certificate, etc. was issued on a legal testimony) is accurately memoryed.

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