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(영문) 의정부지방법원 2015.10.26 2014고정2535
업무방해방조
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 15, 2014, the Defendant became aware of the charge that C interferes with the construction work of the E hospital managed by the F of the victim by leaving containers alone at the door of the E hospital located in the Yangju-si D and preventing the passage of the vehicle.

From the 22th of the same month to the 14:50 of the same month, the Defendant: (a) on the access road to the front of the above hospital, C, in order for the victim F to assist him in the work of the victim F; (b) parked G-owned H Costex vehicles on the side of the container; and (c) made it difficult for the victim F to move the container, thereby facilitating the crime.

Accordingly, the Defendant aided and abetted C’s conduct of interfering with business affairs.

2. The Defendant was prosecuted as an aiding and abetting, and in order to be recognized as an aiding and abetting, the principal offender’s act should be committed due to the subsidiary nature of the accomplice, and in this regard, the principal offender’s act should be an illegal act that constitutes the elements of the crime in accordance with the so-called “restricted subsidiary form.”

However, according to the evidence submitted to this court, C’s neglect of container as a principal offender constitutes a constituent element in this Court’s 2014 High Court’s 1882 High Court’s case of infringement of the effect of compulsory execution of real estate and obstruction of business, but it can be recognized that the possessor’s exercise of the right to self-help pursuant to Article 209 of the Civil Act and the legitimate act pursuant to Article 20 of the Criminal Act is not illegal. Thus, the act as described in the facts charged of this case

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a not-guilty verdict is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58

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