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(영문) 서울남부지방법원 2019.10.31 2018노1915
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the facts charged of interference with the mistake of facts, the Defendant did not exercise the power to the extent that it would interfere with the business at the time. 2) The sentence of an unreasonable sentencing decision rendered by the lower court (fine 7,00,000) is too unreasonable.

B. The prosecutor (e.g., fine of KRW 7,00,000) sentenced by the lower court is too unfilled and unfair.

2. The force of the crime of interference with business on the part of the Defendant’s assertion of mistake of facts is a single force capable of suppressing and mixing a person’s free will. As such, not only violence threats, but also pressure based on social, economic, political status and right standing, etc. are included therein, and the act of making the person impossible or considerably difficult to act by creating a sufficient condition to suppress a person’s free will may also be included therein.

(See Supreme Court Decision 2009Do5732 Decided September 10, 2009, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim, at the date, time and place indicated in the facts charged, in order to verify the quantity of tobacco after having dried tobacco from the victim, confirmed the quantity of tobacco, and subsequently, the victim confirmed the quantity of tobacco, and then, the Defendant expressed the victim’s intent to “this year” and “the victim expressed tobacco to the victim,” and ② The victim continued to put the victim and the victim of the defect, who caused tobacco to die in another place, and was punished by the victim and the victim. During that process, the Defendant’s talks with other customers and talks with others before the convenience store, and the victim’s face was examined immediately before the victim’s face.

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