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(영문) 서울남부지방법원 2016.08.10 2015고정2114

업무방해

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is as follows: (a) at the first subcommittee room of the National Assembly members' hall located as the Seoul Yeongdeungpo-gu Seoul Metropolitan Council physician, around 09:50, the Defendants asserted that the Defendant is not the victim, on February 6, 2015, on the ground that the Seoul Central District Court rendered a judgment that the resolution of the appointment of the president of the victimized person would be null and void; (b) on the part of the victim, the Defendants sent the injured person to the elevator at the first subcommittee room of the National Assembly members' hall located as the Seoul Yeongdeungpo-gu Council physician. In relation to the legislative hearing with respect to the F treatment and support of the victim G, the president of the F Federation scheduled at around 10:00 on the day.

As a result, the Defendants conspired to interfere with the business of the victim's consul by force.

2. Determination

A. "Authority, which is a part of the elements for the formation of a crime of interference with business under Article 314 of the Criminal Act, means a force sufficient to suppress the victim's free will in light of the offender's status, the number of persons and surrounding circumstances (see Supreme Court Decision 99Do495 delivered on May 28, 199). (b) Of the facts charged in the instant case, the part that "the defendants "the defendants sent the victim to the elevator at the end of the passage with the large voice called "the victim is not the victim," and the victim was pushed the victim to the elevator at the end of the passage" is difficult to recognize this part of the facts charged only by the evidence submitted by the prosecutor, and there is no other evidence to acknowledge this differently. In light of the following circumstances acknowledged by the record, there is no consistency between the victim's statement (such as the victim's statement at the time of investigation, the statement by the member of the National Assembly and the victim's behavior at the time of investigation, etc., and there is no consistency between the victim's statement and the victim's behavior.