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(영문) 서울동부지방법원 2017.07.21 2017노5
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. As to Defendant A1’s assault, Defendant A’s act as stated in this part of the facts charged is dismissed as an act to defend the victim I’s body that constitutes a legitimate defense or legitimate act.

2) As to the obstruction of business affairs, Defendant A’s act as stated in this part of the facts charged merely committed such act in the course of protesting against the validity of the president’s election at the preceding day, and thus, illegality is dismissed as it constitutes a justifiable act.

B. Defendant B, Defendant C, and C cannot be deemed to have exercised the power that constitutes a crime of interference with business by making the victim’s speech to the extent that it is too large.

2. Determination

A. As to Defendant A’s assault, an ordinary attack and a defense act has been committed between the fighting matchers in line with the determination of a political party’s defense or a legitimate act, and the act of defense has both characteristics of both the attack and the act of attack. Thus, even if the fighting is viewed as being conducted, the act of legitimate defense is committed by either party only by resorting to an act of either party, barring special circumstances, such as: (a) one party unilaterally commits an unlawful attack; and (b) the other party exercised the tangible power as a means of resistance to protect himself/herself from such attack; and (c) the other party exercised it as a means of resistance to escape from such attack.

Examining the motive and background leading up to fighting, the process of fighting, and the means and method of committing a crime, etc., Defendant A’s act goes beyond the extent of the means of resistance to escape from the victim’s attack, and goes beyond the extent of the means of resistance to escape from the victim’s attack.

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