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(영문) 수원지방법원 2015.07.14 2014노7563
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, H and G leased I the 1st underground floor of the building on the ground (hereinafter “instant building”) outside the Seo-gu Incheon, Seo-gu and 1st, and I tried to use the 1st underground floor of the instant building as a product storage, etc. However, as the act of the Defendant’s act like the charge of interference with the instant business, it was obstructed in the lease and operation of the part of the above 1st underground floor (hereinafter “instant stairs”), which is the sole passage leading to the 2nd to the parking lot of the 1st to the 1st to the 2nd to the 1st to the ground surface (hereinafter “instant stairs”), the stairs connecting the 1st to the 1st to the 1st to the ground floor, and the stairs connecting the 1st to the 1st to the 1st to the ground surface (hereinafter “instant stairs”).

I prepared to use the first floor of the instant building as a product warehouse, etc., constitutes an act subject to protection of the crime of interference with business.

For 40 elevators installed separately from the building of this case, it is not suitable for persons with disabilities to cover cargo, the location map is far away from the place where the cargo can be unloaded and there is no parking space that can be unloaded and unloaded in the vicinity, so a person who intends to operate a business on the first floor of the underground shall use cargo elevators located on the first floor of the ground.

In light of the fact that a dangerous situation, such as a fire, requires a passage from the first floor to the first floor above the ground, and in the case of a person who does not have a motor vehicle, it is necessary to enter the first floor above the ground through the first floor above the ground, the defendant's act of prohibiting the use of a ice-free workshop, stairs entry door, cargo elevator on the first floor constitutes a interference with business, and the defendant's act is within the part of exclusive ownership above the ground owned by the F Unlimited Partnership whose representative is the defendant.

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