(영문) 대전지방법원 2018.10.04 2018노748 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2018.10.04 2018노748

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The members of the Committee on Recommendation of Officers misunderstanding the facts and misunderstanding the legal principles independently completed the recommendation of candidates for the president of D Co., Ltd. (hereinafter “D”) through two additional meetings, and thus the Defendant’s act interfered with the Defendant’s business.

shall not be deemed to exist.

In addition, the Defendant is not unlawful to revise the interview evaluation table by the J himself before the final signature by J.

Since I think, the defendant did not have any intention to obstruct the work.

Even if the relationship between T and P is recognized to the Defendant, the Defendant is merely an aiding and abetting inasmuch as the Defendant, who is an executive secretary, re-enters T and X-cell, and re-enters T and X-cell. Even so, the lower court, in collusion with P and T, interfered with the duties of the Executive Recommendation Committee.

As such, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence of the lower court (50 million won) that was unfair in sentencing is too unreasonable.

B. Prosecutor: It is reasonable to view the victim of the instant crime to be a victim of the instant crime, which is not a member of the board of directors recommendation committee.

However, the lower court determined that the victim of the instant crime was a member of the Committee on Recommendation of Executive Officers, so it erred by misapprehending the facts in the lower judgment and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of misunderstanding the facts and the legal doctrine, it is concluded that there was no intention to obstruct the Defendant’s business or that there was no result of interference with the Defendant’s business due to

It can not be seen that the defendant is a mere aiding and abetting offender.

Therefore, the defendant in collusion with P and T will be seen below the board of directors recommendation committee.

유사 판례

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