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(영문) 서울중앙지방법원 2013.04.26 2013노704

업무방해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On September 24, 201, there was a dispute between the Defendants and the victim regarding the terms and conditions of the lease agreement on the H restaurant at the time of interference with the business of September 24, 201 (in fact, misunderstanding of the legal principles), but the victim was removed from the office by opening the above restaurant business license certificate and the broadcast amount and leaving the door, and there is no fact that the Defendant C removed the above broadcaster, and made a statement to the effect that he would no longer operate the business to customers, thereby obstructing the victim’s business.

In addition, the defendants' demand for negotiations by presenting new contract terms on the part of the victim constitutes legitimate exercise of rights.

B. On September 25, 2011, at the time of the law scenarios, the Defendants and the injured party exercised physical power between themselves, but the Defendants’ exercise of physical power did not constitute the force of the crime of interference with business.

At the time, the Defendants, as owners of the above restaurant, resisted the victim’s breach of contract, and the Defendants’ act constitutes a justifiable act that does not deviate from the extent that it would normally be performed as part of the exercise of right.

C. On September 26, 2011, the Defendants’ interference with the business of the said restaurant (legal scenarios) installed a correction device at the entrance of the said restaurant, and the notice of the inside repair was set out by the victim unilaterally discontinued the restaurant business and leaving the restaurant by opening the restaurant. As such, it was aimed at preventing theft of inside the restaurant, etc. as the owner of the said restaurant. This does not constitute an act of interference with business, or constitutes a legitimate exercise of rights.

As to the joint injury of the Defendants and the injury of Defendant A, the Defendants did not unilaterally assault the victim’s side at the time of law.