업무방해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal did not interfere with the work of the Frant operated by the victim E, and there was a resistance to the police officer to urge a fair investigation. However, the court below found the defendant guilty of all of the facts charged of this case. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The crime of interference with business under Article 314(1) of the Criminal Act partially related to the crime of interference with business is established when a person interferes with another’s business by deceptive means or by force. The term “defensive force” refers to any force that is likely to control a person’s free will, by means of a deceptive scheme or by force, and does not ask the victim’s free will, in reality, regardless of the need to control the victim’s free will. However, it refers to a force sufficient to suppress the victim’s free will in light of the offender’s status, surrounding circumstances, etc. As such, whether the crime constitutes force ought to be determined objectively by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons involved in the
In full view of the following circumstances acknowledged by the Health Center and the evidence duly admitted and investigated by the lower court with respect to the instant case, the Defendant could sufficiently recognize the fact that he/she interfered with the victim E business, such as the entries in the instant facts charged, and thus, the Defendant’s assertion of mistake of facts is without merit.
① The victim E, from the investigative agency to the court of the court below, was in distress at the time of arrival of the Eart in contact with employees at the time of the instant case, and the Defendant was in the display stand, and expressed that the Defendant was able to capture employees and the victim E, and its contents are consistent and is very detailed about the Defendant’s behavior and situation at the time of the instant investigation agency.