(영문) 대전지방법원 2020.12.16 2020노75 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.12.16 2020노75

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. According to CCTV images, etc. at the scene of the appeal, the defendant divided about 24 minutes into daily dialogues with the victim at the time of 30 minutes, and during that process, the victim took a hump with one minute and 40 seconds of the wind in which the victim takes a hump while taking a hump, and only did the victim have a hump with one minute and 40 seconds, and there is no "fump," and there is no "fump, such as taking a hump, taking a hump, taking a hump, taking a hump to the extent that people can hear about 20 minutes, and taking a hump, taking a hump to the victim's hump".

Considering all circumstances, such as the motive and background of the above speech dispute, the severity of the dispute, the details of the report, and the result of the management thereof, this case was merely a minor trial between neighbors who occurred contingently, and there was a criminal intent to interfere with the business of the defendant.

The defendant cannot be deemed to have exercised a power to suppress the victim's free will.

Nevertheless, the court below erred by misunderstanding the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment, on different premises.

2. Determination

A. The defendant argued in the court below that he is not guilty, and the court below rejected the defendant's argument and found the defendant guilty of the facts charged in this case for the following reasons.

1. In the crime of interference with business, “criminal intent” in the crime of interference with business does not necessarily require the intention of interference with business or planned interference with business, but it is sufficient to recognize or anticipate the possibility or risk of causing the result that his act will interfere with another person’s business, and its recognition or prediction is not only definite but also uncertain.

The term "defluence" in the crime of interference with business can be the suppression and confusion of human free will.

유사 판례

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-서울북부지방법원 2014.06.13 2014노266

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