폭행등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal does not obstruct the real estate brokerage of the victim by force, such as assaulting the victim or bruing him/her by sound, as stated in the facts charged.
2. Determination
A. “Authority” in the crime of interference with business refers to any force that may cause confusion with the freedom of a person’s will. Whether it is a tangible method, such as assault or intimidation, or an intangible method using a political, economic, and social status and authority, and thus, it does not require the other party’s intention to control.
B. In full view of the following facts revealed by the evidence duly admitted and examined by the court below, the defendant interfered with the victim's real estate brokerage business by force as stated in the judgment below.
full recognition may be accepted.
Defendant’s assertion is without merit.
1) On the day of the instant case, the victim got off the Defendant’s office “packer, farbly,” and passed well on the day of the instant case at the Defendant’s office.
’ 라며 자신에게 욕설을 하고, 양손으로 자신의 멱살을 잡아당기며, 입으로 팔을 물고 할퀸 다음 계속해서 사무실 출입구로 나가 “ 개새끼, 사기꾼, 죽일 놈, 이 부동산은 사기꾼 부동산이다” 라는 등 큰 소리로 욕설을 하였다고
was stated.
2) At the time of the occurrence of the instant case, the office of a certified broker
F also, the Defendant and the victim talked with each other while putting the Defendant in the office while putting the breath of the victim’s breath, and putting the Defendant into the office and talking with each other, and the Defendant again saw the Defendant out of the entrance and exit.
was stated.
3) G deemed at the investigative agency that the Defendant expressed his desire, such as “real estate with a fraudulent change,” before the official brokerage office, and left for about 30-40 minutes on the day of the instant case.
was stated.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.