beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor by the prosecutor (defluence of facts regarding interference with business), the defendant sufficiently recognized that the defendant interfered with the relocation of the factory of the victim and the operation of the factory by force by placing the caters on the access road of the factory operated by the victim, as stated in this part of the facts charged.
However, the court below found the defendant not guilty on the ground that there is no proof of the crime, and there is an error of mistake of facts.
B. The Defendant (hereinafter “Defendant”)’s punishment of the lower court (a fine of KRW 4.5 million) is too unreasonable.
2. Determination
A. 1) The summary of this part of the facts charged is as follows: (a) from August 9, 2016 to August 20, 2016, the Defendant: (b) on the access road to a factory operated by the victim J in the Republic of Korea F, G, H, and I; (c) on the ground that there is a dispute between the victim and the factory; (d) on the grounds that there is a dispute between the victim and the machinery and office in the factory; and (e) on the vehicle’s craf by driving the craf on the above access road, the Defendant, from around August 9, 2016 to around August 20, 2016, has
(2) The lower court rejected the Defendant of this part of the facts charged on the ground that it was reasonable to deem that there was no risk of interference with the victim’s relocation of factory and operation of factory by force, on the grounds as indicated in its reasoning, since the victim appears to have been able to operate the instant factory by using a regular passage, notwithstanding the closure of the instant road, and thus, there was no possibility of interference with the victim’s relocation of factory and operation of factory.
3. On the basis of the judgment of the court below, a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the above evidence is based on the judgment of the court below.