업무방해
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On June 21, 2018, the Defendant: (a) around 14:10 on June 21, 2018, the Defendant interfered with the victim’s work of removal by force of about 40 minutes, such as: (b) unauthorized intrusion into the above removal site in order to cause damage to the residents, such as the victim C, a person responsible for construction, at the place of removal of the D apartment reconstruction project; and (c) the usual victim, without using a normal method of removal; and (d) flying dust to nearby housing prices; and (d) letting the victim interfered with the victim’s work of removal by force.
2. “In the crime of interference with business” in the crime of interference with business is a form of force that is likely to disrupt and confuse a person’s free will, regardless of whether it is a tangible or intangible, and the victim’s free will is not required to be restricted in reality. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., the degree of sufficient to suppress the victim’s free will is to be determined by taking into account all the circumstances, such as the time and place of the crime, motive and purpose of the crime, number of persons, capacity, type of duty, type of duty, status of the victim, etc.
(see, e.g., Supreme Court Decisions 2016Do10956, Oct. 27, 2016; 99Do495, May 28, 1999). According to the evidence duly examined by the court, the Defendant, who resides in neighboring housing sites of this case, filed a civil petition regarding noise, dust, etc. arising from the removal work on several occasions, and even on June 20, 2018, the day before the instant case, he/she sought to correct it.
Despite this civil petition filing, the defendant thought that the removal process is not implemented according to the planned construction method, and returned to the removal site to resist, and entered the removal site through a door which was not locked at the time and taken photographs.