(영문) 서울남부지방법원 2020.07.21 2019노215

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(영문) 서울남부지방법원 2020.07.21 2019노215

업무방해등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

A and C shall be sentenced to six months of imprisonment, and Defendant B shall be sentenced to ten months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts (A) on May 8, 2014, the Defendant arrived at the scene at around 11:0 a.m. on the day of the instant case, and met with the person in charge of the management and the person in charge, and with approximately 30 p.m. members, and thus, Defendant A was not at the instant site at 8 A.m., which is the criminal time indicated in the lower judgment, and did not interfere with the business of the victim G.

(B) On April 23, 2014, the Defendant visited the site around 4-5 p.m. on the day of the instant case, and only one pump car was suspended from construction on the side of the first line in front of the instant site. However, the Defendant: (a) even though there was a difference of 10-15 minutes from the rear side of the pumps; (b) thereafter, BH moved the Defendant’s vehicle to another place; and (c) there was no difference of construction that could be obstructed due to the Defendant’s car because the vehicle was in front of the instant site.

(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended execution) is too unreasonable.

B. Defendant B (1) misunderstanding of facts (A) on May 8, 2014, the Defendant arrived at the site at around 11:0 a.m. on the day of the instant case, and was dissolved before 12:0,000, after hearing the awareness that A agreed with the head of the field office on the day of the instant case, and the vehicle with ready-mixed entered the construction site and moved out before dissolution, and thus, the Defendant did not interfere with the business of the victim G.

(B) Since the Defendant violated the Punishment of Violences, etc. Act (joint injury) and each of the acts of violence, etc. (joint injury) against the victim S and U did not interfere with the work of the victims since the Corporation did not proceed with the work on the instant site, there was no interference with the work of the victims, and the victims S voluntarily go beyond the control tower, and there was no fact that there was an injury to the victims U.S.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution) is too unreasonable.

C. Defendant C (1).

참조조문

-폭력행위 등 처벌에 관한 법률

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