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(영문) 수원지방법원안산지원 2020.08.28 2019고정911
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who conducts artificial fishery, B is a daily worker, and the victim C is a person who operates "D".

The Defendant and B have been performing the artificial insemination of “D” operated by the victim C, but it was time to find out the problems that did not receive the price.

Around 21:00 on May 13, 2019, the Defendant found the victim in E, 2, E, 2, and D, and took a bath to the victim, stating, “I will not grant the sealed construction cost,” “I will do so,” “I will do so if I will leave you will do so,” and “I will not cut you will you will do so.” The Defendant interfere with the victim’s work by force, such as waiting in the place of business for a long time.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the arrest of each flagrant offender at the police interrogation protocol C of the police interrogation protocol as to the suspect B

1. The gist of the argument is ① The Defendant had a lien on “D”, and there was no guest prior to the commencement of the business, and the bathing theory does not constitute force, and thus, the crime of interference with business is not established, and ② the act of legitimate conduct that does not violate social rules even if the crime of interference with business is established

2. Determination

A. It was true that the Defendant had a claim for the construction price claim against the Defendant as to whether the crime of interference with business was established, or if the possession was completed prior to the month when the interior works on the foregoing D and the possession was transferred to the victim, the Defendant’s right of retention is not established, and even if the Defendant was prior to the commencement of the business, the preparation work for the business, such as promotion and cleaning, constitutes “business” and even if the Defendant was made a statement at an investigative agency, even if the Defendant was made a statement at the investigative agency, the Defendant had no customer at the time, but had prepared for public relations with the entrance of the victim, and had a business license issued as of April 11, 2019.

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