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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.04.08 2015노4477
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it was true that the defendant made a phone call to the victim on the crime No. 1 of the judgment below, the victim did not have any risk of interference with business by setting up the defendant's telephone number refusing to receive the phone number, and there was no intention to interfere with business, so the court below found the defendant guilty on this part of the crime, which is erroneous in the misunderstanding of facts

B. It was true that the defendant made a statement on the crime No. 2 of the judgment below that the defendant would not leave the victim's office by finding the victim's office, but this does not constitute force, and there was no intention to interfere with the defendant's business, so the court below found the defendant guilty of this part of the crime, which is erroneous in the misunderstanding of facts and in the misunderstanding of legal principles.

2. Determination

A. As to the establishment of a crime of interference with business as indicated in the judgment below, it is sufficient if the result of interference with business does not require actual occurrence, and if there is a risk of interference with business (see, e.g., Supreme Court Decision 2004Do8447, May 27, 2005). The following circumstances acknowledged by the evidence duly adopted and examined by the court below are as follows: ① the defendant listens to the speech that he would not make a call from the damaged person to the office at around December 2013, and even if he heard that he would not make a call from the damaged person to the office at around April 2014, as described in paragraph (1) of the crime of the court below, he repeatedly made 23 times a day between February 2014 and April 130 times a day to the victim’s office, ② the victim is a large number of telephone communications related to tax affairs, and the receipt and transmission of a separate program for integrated management, and the victim and the victim made an integrated management statement to the effect.

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