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(영문) 서울서부지방법원 2015.06.04 2015노73
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants’ act of interfering with the installation of closed-circuit televisions by making a threat, such as the Defendants’ continuous installation of the closed-circuit television (CCTV and Closed Cirit Tit Trait Track), and the act of interference with the installation of the closed-circuit television by force, by making the F, who requested installation before the installation of the facilities, called the installation of the closed-circuit television, and breathing the breath to the public with the installation of the closed-circuit television.

Therefore, the judgment of the court below which acquitted the Defendants on different premise is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. The crime of interference with business under Article 314(1) of the Criminal Act is established when a person interferes with another’s business by deceptive means or by force. The term “defluence” in this context includes not only assault, threat, but also pressure by social, economic, political status, and power, as it is not charged with any force, tangible, intangible, or intangible.

B. According to the evidence duly adopted and examined by the court below, in particular, in the case where the most objective and neutral position in this case is the direct party to the case, the court below's statement that it was going on the bridge in order to install the closed circuit television in front of the entrance of Seoul Mapo-gu apartment commercial building 103 and 104 on the day of the case. However, the court below stated that I and Defendant B, who is the employee of the above apartment management body, should not wear the closed circuit television, and that I and Defendant B should not wear the above closed circuit television. The police dispatched after receiving the report of Defendant B, and thereafter the police agreed that they should obtain the consent of residents in order to install the closed circuit television at the site of Defendant A, and that J agreed at the time of the court below.

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