업무방해
The defendant shall be innocent.
1. 공소사실 피고인은 일행인 B와 공모하여, 2015. 5. 12. 04:00경부터 04:15경까지 청주시 흥덕구 C 지하 1층에 있는 피해자 D이 운영하는 E주점에서, 술값이 많이 나왔다는 이유로 위 주점 출입구를 막고 피해자에게 “장사 그만하고 싶어 , 니네들 좆됐다”라고 욕설을 하고, 그곳에 있는 손님들에게 “여기 바가지 씌우는 업소다”라고 큰 소리 치는 등 소란을 피워 위력으로 피해자의 주점영업 업무를 방해하였다.
2. In order to establish a joint principal offender under Article 30 of the Criminal Act, the intent and objective requirements of joint processing, which are subjective requirements, should have been committed through functional control based on the joint doctor. Here, the intent of joint processing is insufficient to recognize another person’s criminal act and to allow it without restraint. The purport of joint processing should be one of the two to commit a specific criminal act as a joint doctor, and to shift one’s own intention to practice by using another person’s criminal act.
(see Supreme Court Decision 2008Do7124, Jan. 30, 2009). Among the evidence submitted by the prosecutor, the police interrogation protocol of the defendant against the defendant is denied in this court. As such, since the police interrogation protocol of the defendant against the defendant was rejected in this court, the police interrogation protocol of the defendant against the defendant B is not admissible as evidence to the effect that it denies its contents
Next, in the police statement of D, the statement that "the employee's price was 5.60,00 won without paying the drinking value, and the customer's disturbance was caused by this, and the customer's disturbance was avoided. At the time, the defendant and B, who are the case party, will speak the entrance and desire of the customer, and will interfere with the entry of the customer due to this act.