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(영문) 수원지방법원 2014.08.08 2014노552
업무방해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of facts or misunderstanding of legal principles misleads the Defendant that the Defendant would be able to take over the money at a low price of KRW 200,000 per 1 marina, after giving birth to the Defendant’s farm so that he can raise the money 200 madle in the Defendant’s farm and shipping the money. The Defendant did not pay rent for one year, and instead sent the Defendant’s money 1,500 madle from the Defendant’s money company, and the victim actively participated in the said deception.

In light of the above point, it is reasonable to view that G and the victim's act of spreading and shipping self-stock at the Defendant's farm constitutes an act in violation of social order, and therefore, it cannot be deemed that the victim's act of shipping pigs constitutes an act of interference with business.

In addition, on February 9, 2012, the victim promised on February 9, 2012 that the victim would sell his mother money to the defendant and pay all the rent and expenses for disposal of money, etc., and the defendant failed to pay rent, etc. at all, and the defendant was forced to keep the pigs out of the Republic of Korea to receive it. Thus, the defendant's act is justified

B. The sentence of a fine of KRW 500,000 imposed by the lower court on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts or misapprehension of legal principles, the court below found the adopted evidence, and found that the victim entered a swine farm owned by the defendant under the contract for the consignment of swine breeding with G and the defendant did not raise any particular objection against the entry and breeding of pigs. Even if the validity of the contract for the purchase of pigs between the defendant and G is problematic, the victim's shipping of pigs due to the above entry and breeding of pigs constitutes the business subject to protection of the crime of interference with business, and the defendant's shipping of pigs constitutes the issue of fee for death of pigs and disposal of pigs against G.

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