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(영문) 대구지방법원 2016.06.22 2015노3617
업무방해등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts as to the obstruction of business and misapprehension of the legal principles on the obstruction of business, the Defendant did not have any fact prohibiting the passage of the victim, and the Defendant did not have any locking device only at night, leaving the locking device at low, and there is no fact that the Defendant was restricted from passage, and there is no fact that there was no victim’s duty subject to protection of the obstruction of business.

However, the lower court erred by misapprehending the legal doctrine on the crime of interference with business or by misapprehending the legal doctrine on the crime of interference with business, thereby adversely affecting the conclusion of the judgment.

2) The Defendant, as to the violation of the Subsidy Management Act, purchased a dried machine from AE with the introduction of W, purchased a dried machine from AF, and also purchased a rectangular cutting machine and herb sprinking machine from AF, and purchased a large tree from W.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

3) The misunderstanding of the facts as to the fraud and the misapprehension of the legal principles as to the oil price of KRW 3,677,600 used by the Defendant as stated in the facts charged, was paid as the fuel price for the landslide control in the victim N M M M M M M M M, and the Defendant’s failure to pay the credit card price that was used by the Defendant as above was due to the situation where separate settlement was needed between the victims. The Defendant had a different self-help at the time of issuance of the instant card, and thus, criminal fraud is not acknowledged under the Criminal Act.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged or by misapprehending the legal doctrine on fraud, thereby adversely affecting the conclusion of the judgment.

4) The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and one million won of fine) is too unreasonable.

B. Prosecutor 1) As to defamation

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