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(영문) 광주지방법원 2013.10.02 2013고단890
업무방해
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is as follows: (a) the Defendant was sentenced to four months of imprisonment with labor for interference with business at the Gwangju District Court on January 6, 2012 and completed the enforcement of the said sentence on May 4, 2012; (b) from January 18, 2013 to January 10, 2013, the Defendant interfered with the victim’s main business by force by abusing violent language, such as “humd. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.

According to the witness F, witness F, witness D's legal statement, and CCTV, the defendant made the above speech at the victim's main point on the ground that he did not twitt to an employee, and then the defendant made a conflict with the next customer, and the team of the other customer during the twitt dispute is recognized as the above main point. However, the following circumstances acknowledged by the evidence are as follows: (i) the time when the defendant arrived at the above main point at around 21:25, namely, around 23:56, around 23:59, it is difficult to view that the time when the defendant made a conflict with his employee and customer, as above, was about 5 minutes from around 23:56; (ii) it is difficult to view that the other customer did not leave the main point prior to the original plan due to the defendant's disturbance; and (iii) it is difficult to view that the defendant's act of attacking the customer's right to late 5 minutes, and there was no other evidence that the defendant made a mistake before the defendant's business operation.

Thus, the facts charged of this case are without proof of facts constituting the crime.

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