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(영문) 서울고등법원 2015.04.23 2014노3941
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the part concerning obstruction of business), the lower court convicted the Defendant of the part concerning obstruction of business with respect to E. However, the lower court’s determination is unreasonable on the following grounds: (i) the Defendant did not affect the case of reporting the violation of the D area; (ii) the Defendant explained about the process of handling business; (iii) the Defendant had regularly emphasized the Defendant’s operational manager; (iv) the Defendant did not instruct the Defendant to the effect that he would have impliedly infringed on the law of passenger ships; and (v) the Defendant’s remarks cannot be deemed as direct instructions on specific business; and (ii) the Defendant’s remarks cannot be deemed as direct instructions on the violation of the law of passenger ship companies; and (iii) the lower court erred by misapprehending the legal principles on the obstruction of business, thereby adversely affecting the conclusion of the judgment; (ii) the sentence (two years of suspension of business with imprisonment

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty of interference with business), the lower court acquitted the Defendant on the part concerning interference with business with AU and AV. However, the lower court’s determination is erroneous by misapprehending the legal principles as to interference with business, in light of the following: (a) the Defendant’s speech constitutes a threat of force as a specific job instruction conducted prior to the “special transportation period; (b) the Defendant interfered with the duties of the operation manager’s “independent” by force; and (c) the Defendant interfered with the duties of the “Korea Shipping Association” as well as the operation manager, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The operating managers belonging to the Korea Shipping Association shall faithfully perform the duties of safety management of passenger ships in accordance with the law, and the Korea Shipping Association and its president shall make a decision on the misconception of facts and misapprehension of the legal principles regarding the defendant and prosecutor's assertion of facts.

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