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(영문) 제주지방법원 2014.04.17 2013노609
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After the completion of H on December 26, 2012, the Defendant: (a) obtained self-introduction and personnel administration from the person who first visited B at the entrance of the C project team; (b) obtained a warning to move from the police to the side of the defect; and (c) cannot be deemed to have obtained an intention to interfere with business or exercised a power to interfere with business; and (d) there was no possibility that interference with the entry of construction vehicles would have been obstructed; and (b) there was an exaggeration of the time of interference with business; and (c) the road connected to the road prior to the front of the C project team set up a road in front of the C project team set up a central separation of plastic bags, where the left left is prohibited; and (d) the road front of the project team set up a road after changing the form and quality of the road without obtaining permission from the river management agency. Therefore, it cannot be deemed to have violated the Road Traffic Act, as the operation of the illegal road and the operation of the illegal road to turn to the left through the central road.

3) The other party to the exercise of power is an operator of a construction vehicle or a company belonging thereto, and thus, it cannot be subject to the rate of interference with business against the contractor or its subcontractor. B. The lower court’s sentence of unfair sentencing (one year of suspended execution in four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal principles, the Defendant, from around December 26, 2012, from around 21:14, the Defendant, along with D, and drums installed by using waste timber and drums with waste wood and drums, was seated. At the time, the Defendant, at the time, was unable to enter into the construction site on the road with the Defendant, etc.

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