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(영문) 전주지방법원 군산지원 2016.10.12 2016고정307
업무방해
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

Punishment of the crime

In order to build a special manufacturing factory on the third parcel outside the Y of Kunsan-si, the defendant organized the residents' countermeasure committee to stop the construction of the above factory and operated as the vice-chairperson.

The defendant mobilized residents to stop the factory construction in a way that prevents vehicles from entering the construction site by blocking the entrance entrance of the construction site of the factory at the entrance of the construction site of the factory.

On March 30, 2015, from around 07:00 to 14:00 on the same day, the Defendant attempted to enter the site of the aforementioned factory by using the pumps, etc. in order for the victim to build concrete snow on the front of the building site of the said factory from around 07:00 to around 14:00 on the same day, and the Defendant mobilized 20-30 village residents, thereby blocking the entrance of the building site of the above factory and blocking the progress of the vehicle by leaving the road where the residents F of the village go through the pumps, and blocking the progress of the vehicle, thereby obstructing the progress of the construction vehicle.

Accordingly, the defendant interfered with the victim's new construction work by force.

2. Determination

A. “In the crime of interference with business” in the crime of interference with business refers to all the forces capable of suppressing a person’s free will, either as tangible or intangible, and as such, it includes not only violence threats, but also social, economic, political status and pressure based on the right and interest. In reality, it does not require a restraint of the victim’s free will. However, it refers to sufficient force to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc., and thus, constitutes force; the date and place of the crime, motive, purpose, number of persons, and the form of force;

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