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(영문) 의정부지방법원 2018.01.25 2017고정1695
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person driving a bus owned by C (State) and the victim D (60) is a person who uses a “nick Road” in the victim D (60).

On April 15, 2017, when the Defendant intends to see the defense from around 12:40 to around 13:10, and from the side of the “F convenience store” building located in Gyeonggi-gun E, the Defendant filed a report on the ground that the said victim prevented him/her from doing so. However, the Defendant filed a report on the victim’s refusal to do so on the ground that he/she did not comply with the Plaintiff’s new permission and funeral, and that he/she did not perform his/her duties.

In order to avoid disturbances, such as "I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am, I am.

2. In light of the aforementioned legal principles, the term “power of interference with business affairs” refers to all force that may cause suppression and confusion with a free will of a person. As such, it includes not only violence, intimidation, but also social, economic, political status and pressure by right, etc., and in reality, it does not need to control the victim’s free will. However, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, the determination of whether it constitutes force ought to objectively take into account all the circumstances, including the time and place of crime, motive and purpose of crime, number of persons, capacity, type of work, status of the victim, etc. (see, e.g., Supreme Court Decision 2011Do1240, May 23, 2013).

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