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(영문) 의정부지방법원 2020.07.24 2019노2108

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Obstruction of Business (In fact or misunderstanding of legal principles) intending to install a unmanned parking circuit on the second basements of C commercial buildings located in B at the time of Pakistan (hereinafter “instant commercial building”) is an act in violation of the content of the sales contract of the instant commercial building, which is an act in violation of the victim’s duty of installing a unmanned parking circuit is an act in violation of the contents of the sales contract.

Even if not,

In addition, the defendant's act as stated in this part of the facts charged cannot be seen as a threat of force, and such act constitutes a legitimate act that the defendant performed as part of his duties in the position of general secretary of the commercial building management body.

B. The Defendant does not have the same abusive language as the written facts charged to the victim.

2. Determination

A. Determination on the crime of interference with business under Article 314(1) of the Criminal Act as to whether the crime of interference with business constitutes force is established when a person interferes with another’s business by deceptive means or by force. Here, “defensive force” includes not only assault and intimidation, but also pressure by social, economic, political status, and royalty (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007). In addition, where a third party, other than the victim, is not the victim of the crime of interference with business, the crime of interference with business is established where the victim’s free will may be directly deemed identical to the exercise of force against the victim, and where special circumstances exist, such as the exercise of force against the victim’s free will (see, e.g., Supreme Court Decision 2010Do410, Mar. 14, 2013).