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(영문) 서울중앙지방법원 2013.11.22 2013노2302
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios and misunderstanding of facts) was likely to cause interference with the business, such as that the Defendant may mislead the users by misunderstanding the legal principles that the crime of interference with business is a dangerous crime for which the crime of interference with business does not require any specific result, and that the Defendant acquitted the remaining Defendant, by misapprehending the legal principles that the crime of interference with business is a crime of danger not requiring any specific result.

2. Determination

A. On May 20, 201, the Defendant: (a) around 21:30, on the ground that D on the 1st floor of Jongno-gu Seoul Metropolitan Commercial Building did not pay a monthly rent in the instant multi-face leased and operated by the Defendant; (b) took off the entrance shuttles by preventing the business from running until the closed monthly rent; (c) corrected the entrance by using locks, and then obstructed D’s operation of the coffee shop by force by allowing customers to access through the entrance, such as not opening the locks for about 13 days until June 2, 2011.

B. The lower court found the Defendant not guilty on May 20, 201, on the ground that it is difficult to view that the Defendant was likely to interfere with D’s multilateral business, solely on the ground that there was a concern for interfering with D’s multilateral business on the ground that there was a concern over interfering with D’s instant multilateral business on the ground that the Defendant, on the grounds that there was two doors other than the above entrance, could have access through the door, and D continued to conduct business.

C. The Defendant’s judgment of the political party shall be from the investigative agency to the instant multilateral bank.

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