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(영문) 수원지방법원 2017.05.19 2016고단2932
업무방해
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. On April 28, 2016, the Defendant’s summary of the facts charged was in front of the E Corporation’s separate position where the victim D, who was in the Suwon-gu Suwon-si C, worked as the head of the management office. The Defendant: (a) intending to enter the said area; and (b) intending to the effect that “The victim would not have access to the meeting room of the said Corporation; (c) the head of the relevant district office of education, documents, etc.; and (d) the victim would not have access to the security outside person; and (d) the Defendant would have made a large volume of noise; and

B. “I” means whether C. C. C. C. C., tax, and C. C. C. C. C. C. H. H., B.P.

The phrase, "in making several attempts to enter the building in question while making the speech of "," etc., and obstructing the management of the victim's building by force, such as putting the victim into the 1st floor of the building, putting him/her into the building through the entrance of the separate parking lot, and intending to enter the building continuously through the entrance of the separate parking lot.

2. The term “power of force” of the crime of interference with the determination of a person’s free will is all force that may lead to suppression and confusion, regardless of whether a person’s free will is tangible or intangible, and in reality, the victim’s free will is not restricted, but should be sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, whether such power constitutes a crime ought to be objectively determined by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons involved in the crime, mode of duty, type of duty, status of the victim, etc. (see Supreme Court Decision 2009Do5732, Sept. 10, 2009, etc.). Although the Defendant attempted to have access to a separate building where access is prohibited as stated in the facts charged, the Defendant’s act is acknowledged as having been committed by this court in light of the legal principles as seen earlier, and the following facts acknowledged by the evidence duly adopted at the time of the investigation.

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