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(영문) 서울남부지방법원 2014.05.20 2014고정701
업무방해
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is a member of the Yangcheon-gu Seoul Metropolitan Government D'E Association', and Defendant B is a member of the above association, and the Defendants, as the members of the above association, have a view to opposing the promotion of the association itself on the grounds that the amount of association contributions increased differently from the initial

At around 10:00 on October 22, 2013, the Defendants received a request from the above partnership office located in Yangcheon-gu Seoul Metropolitan Government F building 302 on the same day from the victim G, business director H, etc., the president of the above partnership, to the 15:00 on the same day, and the 7th board of representatives from around 15:00 on the same day, to the 14:00 on the same day, the Defendants continued to hold the above partnership office from around 10:15 on the same day to around 16:37 from around 10:17 on the same day, and from around 10:17 to 16:37 on the same day, the Defendants continued to hold the above partnership office from around 10:17 to 15:33 on the same day, and from around 10:15:33 on the same day, J from the same day to 10:1633 on the same day.

Accordingly, the Defendants, in collaboration with I, J, etc., interfered with the opening of the board of representatives and the operation of the association by force.

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 “defensive force” in this context includes not only assault and threat, but also pressure by social, economic, political status, and royalty, as it is not charged with any force, tangible, or intangible, which is likely to control and confluence a person’s free will.

In addition, "business" in the crime of interference with business refers to the whole of business or affairs continuously engaged in according to the status of occupation or social status, and it is not whether the business is main or incidental, and even if it is a single business, it is to some extent.

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