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(영문) 청주지방법원 2015.06.11 2015노115

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the crime of interference with business in the judgment of the court below, the E association of this case (hereinafter “damage association”) shall be deemed to be an “damage association”

A) The ordinary general meeting (hereinafter referred to as “ordinary general meeting”) shall be held

) Since it is not legitimate to regard it as a business to be protected in the crime of interference with business, it is difficult to view it as a business to be protected in the crime of interference with business, and the defendant expressed and resisted his dissenting opinion as a member at the above general meeting, and it does not interfere with business as it exercised legitimate rights, and there was no purpose of

In relation to the crime of destroying and damaging property, the Defendant cannot be deemed to have destroyed the microphones by assaulting other persons, and immediately after the use of microphones by the president of the damaged association.

3) With regard to the crime of causing property damage in Article 2-c. (c) of the decision of the court below, the defendant stated the facts charged in the crime of causing property damage in the office of this case as the "heat chain" but the accurate name of the part that the defendant destroyed appears to be a "self water chain" and it appears to be an obvious clerical error, which shall be corrected ex officio. The defendant was worn out and replaced, and the cost was borne by the defendant. (b) There was no intention to cause property damage.

2. Determination

A. 1) As to the assertion of mistake of facts or misapprehension of legal principles, “business” subject to the protection of the crime of interference with business under the Criminal Act is an occupation or a continuous business, which is worth protecting from infringement by another person’s unlawful act. It is determined depending on whether the business is a business worthy of legal protection inasmuch as it does not necessarily need to be lawful or valid. The issue of whether it is a business is a business worthy of legal protection is substantially peaceful and is based on social activities.

참조조문