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(영문) 의정부지방법원 2013.06.13 2013노173
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was flooded on the cell phone sold by the victim, and the penalty, which is known to have been exempted, was imposed on him, and the decision of the court below that recognized the defendant's act as an obstruction of business, is a legitimate provision that can be done by the consumer, and that there is an error of mistake of facts that affected the conclusion of the decision.

2. According to the evidence duly admitted and examined by the lower court, the Defendant purchased one mobile phone at the “Ste Telecom” D on November 3, 201, which the victim works, around 17:50 on January 19, 201, and the Defendant received a report from the police officer around 18:32 on the same day, on January 19, 201, on the following: (i) whether the mobile phone purchased by the Defendant was flooded; and (ii) whether the penalty for breach of contract is claimed or not; (iii) the Defendant, who had been consulted at the consignee of the above store, has teared the explanatory statement on the terms and conditions that the victim was placed at the consignee’s end without the consent of the Defendant; and (iv) the Defendant continued to do so by up to 18:32 on the same day; and (iii) the police officer received a report from the police officer around 18:4 and around 184 on the same day.

In addition to the above facts found, the crime of interference with business is an abstract dangerous crime, which is likely to interfere with business, and is likely to interfere with business. The following circumstances are revealed by the above evidence: (a) at the time, the Defendant seems to have been able to resisting the highness of the Defendant, and the appraisal was promoted; (b) when the Defendant’s disturbance was continued, some of the customers in the store were out of the room, and the parents of the son who was on the part of the her mother who was on the her mother, grow out of the room, and the son’s parents who was on the her mother, who was on the her mother.

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