beta
(영문) 대전지방법원 천안지원 2017.11.23 2017고정559

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is referred to E, a member of the “D Housing Association” located in Seo-gu, Seoan-gu, Seoan-gu, and the victim F is the head of the “D Housing Association.”

On November 17, 2016, at around 11:20 to 12:00 on the same day, the Defendant interfered with the business of the management of the association of victims by force, such as: (a) the Defendant: (b) was acting in the “D Housing Association” office, and (c) the Defendant, on the ground that the agreement for the payment of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part of part

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness F;

1. On-site photographs and CDs (CCTV video) [the defendant and defense counsel only sought and confirm the method of providing interest on part payment loans to the defendant and does not constitute force as referred to in the crime of interference with business affairs;

The argument is asserted.

In the crime of interference with business affairs, the term "power of force" means any force that may cause suppression and confusion with the free will of a person, and shall not be charged by tangible or intangible, and shall include not only assault and intimidation, but also pressure by social, economic, political status and royalty.

It does not require the actual suppression of the victim’s freedom by force (see Supreme Court Decision 2004Do8447, May 27, 2005). However, if, as a result of a certain act, even if the other party’s business operation was hindered, it can be deemed that the actor exercises legitimate authority, barring special circumstances, such as the content or means of the act may not be permitted in light of social norms.