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(영문) 광주지방법원 2014.08.27 2014고정901
업무방해
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant operates the daily sales store of D in C market and the daily sales store of F in D in D respectively.

The defendant from around 06:30 on February 22, 2014 to the same year.

3. From the end of 21, in front of the F in Gwangju Dong-gu, two bicycle riders and one display stand where the victim displays an overday, and then, the locking device was set up as key so as to fall short of the core of an overday, and the victim interfered with the passage of many unspecified customers, thereby hindering the victim from selling overday.

Summary of Evidence

1. Legal statement of witness E;

1. The defendant's side on the interrogation protocol of the police as to E argues that since the victim's act does not constitute an act that interferes with the business because the victim's act does not constitute an act that interferes with the business since the victim's act does not fall under the business that is subject to protection of the crime of interference with business, the excessive sale of the victim's task does not fall under the business that is subject to protection of the crime of interference with business, even though the bicycle and display stand together, and it does not fall under the case of interference with the passage of many and unspecified persons.

On the other hand, the business subject to protection of the crime of interference with business refers to the business or business that is engaged in or continuously and is worth protecting from infringement by other persons' illegal acts. Whether the business is legally worthy of protection is determined depending on whether the business is actually peaceful and has become the basis of social activities. According to each of the above evidence, it can be recognized that the victim's excessive sales business has been formed for a long time and has become the basis of social activities. Thus, this constitutes the business subject to protection of the crime of interference with business, and the defendant's act is the victim or F.

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