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1. The guilty part of the judgment of the court below is reversed.
Of the facts charged in this case, around April 10, 2015 and around May 4, 2015, respectively.
Reasons
1. The summary of the facts charged in this case is as follows: (a) the lower court partly convicted (as to paragraphs (a) and (c) below) and partially acquitted (as to paragraph (b) below).
On September 23, 2013, the Defendant is the owner of the D Building in Incheon City, and the victim E is a person who, from the Defendant on September 23, 2013, leases the first floor and underground floors of the said building to deposit 20 million won and monthly rent 1.9 million won and operates the F’s bedclothes sales store of the said building.
On April 10, 2015, around April 10, 2015, the Defendant obstructed the victim’s service of bedclothes store by force, such as: (a) the Defendant, on the ground that he did not receive two months of age from the victim in the above F, she took a bath for the Defendant’s 10-minutes on the ground that he did not receive two months of age from the victim; and (b) the Defendant, on the ground that he was unable to receive two months of age from the victim in the above F, thereby obstructing the victim’s service of bedclothes store by force.
나. 2015. 4. 중순경 업무방해 피고인은 2015. 4. 중순 22:00경 위 F에서 피해자로부터 두 달치 월세를 받지 못하였다는 이유로 F에 침구류를 납품하려는 공소외 H에게 ‘전에도 물건을 납품한 것으로 알고 있는데 물건을 빨리 빼라, 괜히 피해보지 말고 물건을 빼라, 딱지를 붙이겠다’고 큰소리치며 소란을 피워 피해자가 위 H으로부터 침구류를 납품받지 못하게 하여 위력으로 피해자의 침구류 판매점 업무를 방해하였다.
C. On May 4, 2015, around 13:00 on May 4, 2015, the Defendant obstructed the work of the victim’s bedclothes store by force by preventing the victim from being supplied with bedclothess from being supplied to the F on the said grounds, on the following grounds: (a) the Defendant: (b) the Defendant: (c) the Nonindicted Party G, who seeks to provide the Bclothes to the F on the said grounds: (d) the Defendant was able to put the Bclothes into the F in a large amount; (b) the Defendant was unable to carry the Bclothes; and (c) the Defendant reported to the police; and (d) the Defendant was unable to receive the bedclothess from the said G; (c)
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