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(영문) 부산지방법원 2019.07.15 2019고정188

업무방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) from around 20:00 on October 28, 2018 to around 20:30 on the same day, the Defendant: (b) from the main point of “E” in the operation of the Victim D, located in the Geum-gu Busan Metropolitan Government, the Defendant: (c) demanded the victim to provide more alcohol; (d) on the ground that the victim was refused to do so; (b) the Defendant called “Ispath, Ispath, Ispath, Ispath, Ispath,” and sound “Ispath, Ispath, Ispath,” and the Defendant spath for about 30 minutes, to the extent that there is an obstacle to other customers’ eating.

Accordingly, the Defendant conspired with B to interfere with the victim's main business by force.

2. Determination

A. (1) Whether the crime of interference with business was exercised by the Defendant’s force, the term “defensive force” in the crime of interference with business does not ask a person’s free will in any form of force, whether it is tangible or intangible, or not, and in reality, the victim’s free will is not restricted. However, in light of the offender’s criminal status, number of persons, surrounding circumstances, etc., the degree of sufficient to suppress the victim’s free will. As such, the determination of such force ought to be objectively made 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 involved, mode of force, type of duty, type of duty, status of the victim, etc.

(2) The facts charged in this case are as follows: (a) “The Defendant 2016Do10956 decided Oct. 27, 2016” (see, e.g., Supreme Court Decision 2016Do10956, Oct. 27, 2016). The facts charged in this case are as follows: (b) “The Defendant 2 conspired with B, by passing through a “drasing that the Defendant would be aware of d

Therefore, it is a question of whether the defendant exercised his authority, such as neglecting the defendant's happiness.

(A) According to the evidence duly adopted and examined by this court, the defendant visited the main points in the judgment with one male (hereinafter “instant main points”) and calculated by one male.