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(영문) 부산지방법원 2015.01.23 2014노3800
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim of mistake of fact-finding D had already completed the Kk Center business, there is no room to establish the crime of interference with business, and there is no fact that the victim injured the victim as stated in the facts charged.

B. The sentence of a fine of KRW 3 million imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below, i.e., the following circumstances that are recognized by comprehensively taking account of the evidence duly admitted and investigated by the court below, i.e., ① the victim’s desire to take care of the disturbance and the victim’s vision was continued for about one hour by avoiding the disturbance; ② G, a customer who the defendant had found the victim who was the victim who was suffering from such disturbance, could not replace him/her due to the time of the defendant’s vision, and the other customers who requested repair appear to have replaced him/herself, and even left his/her match. ③ The above G stated in the court of the court of the court below that the defendant was moving his/her key and pushed the victim’s chest, and also the damaged part and the victim’s statement or diagnosis are consistent with the victim’s statement, etc., it is reasonable to deem that the business of the above KK Center was continued at the time of the victim’s operation; ② The defendant’s business injury as stated in the facts charged is not sufficient to recognize the fact that the defendant inflicted the victim’s business injury.

B. Although the fact that the economic situation of the defendant is not clear of unreasonable sentencing, each of the crimes of this case is acknowledged, each of the crimes of this case is committed by the defendant on the ground that the defendant had made a large amount of repair costs of his/her motor vehicle to repair at the car center operated by the victim, thereby obstructing the victim's business by avoiding disturbance, and thereby obstructing the victim's business, and inflicting injury on the victim's chest by the vehicle keys.

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