(영문) 의정부지방법원고양지원 2020.10.22 2020고정221

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2020.10.22 2020고정221

업무방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case was that the Defendant introduced the victim D, who operated the cafeteria “C” restaurant on the first floor of the building B in Goyang-dong, Goyang-si, Ilyang-si, to the said cafeteria, and the victim demanded the victim to not employ the above women any longer, but the victim would not respond to the request on November 21, 2019, 09:00 on the same day, the victim and his/her spouse would be able to talk with the victim and his/her spouse at a large interest from around 09:04 on the same day, and the victim tried to send the defendant to the above cafeteria, but the Defendant interfered with the operation of the above cafeteria by the victim's force for four minutes by avoiding the disturbance of the entrance and continuing to enter the above cafeteria, thereby interfering with the operation of the above cafeteria.

2. Although the Defendant and the defense counsel continued to employ a female female who introduced by the Defendant, the Defendant and the defense counsel did not find the victim. However, the victim merely boomed and driven by the Defendant while obscing the Defendant, and by force, did not interfere with the operation of the cafeteria by the victim.

3. Determination

A. “In the crime of interference with business” in the relevant legal doctrine refers to any force capable of suppressing a person’s free will, either in tangible or intangible form, and thus, it includes not only violence threats, but also pressure by social and economic and political status and right rates, etc. In reality, it does not require a suppression of the victim’s free will, but also means a force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, whether it constitutes force ought to be objectively determined by taking into account all the circumstances, such as the date and place of the crime, motive, purpose, number of persons to commit the crime, form of force, type of duty, type of duty, status of the victim, etc.

(See Supreme Court Decision 2010Do9186 Decided November 25, 2010, etc.)

B. According to the evidence submitted to this court on the facts acknowledged, the Defendant was on November 21, 2019, and on November 21, 2019:04.

참조판례

-대법원 2010. 11. 25. 선고 2010도9186 판결

유사 판례

-대전지방법원 2012.10.18 2012노1396

-창원지방법원 2015.01.09 2014고정1069

-인천지방법원 2019.10.18 2019고정755

-전주지방법원 2020.12.17 2020노1401

-창원지방법원 2020.01.15 2019노1329