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(영문) 서울서부지방법원 2017.10.13 2016고정653
업무방해
Text

Defendants are not guilty. They publicly notify the summary of the judgment of innocence against Defendant B.

Reasons

1. The Defendants were members of the Mapo-gu Seoul Metropolitan Government Committee for Countermeasures against Removal of Mapo-gu, and the victim F Housing Reconstruction and Improvement Project Association (the president of the association: G; hereinafter referred to as the “victim Association”) submitted the construction commencement report to H on October 8, 2015 and thereafter, the Defendants started construction work, which is a water supply unit in the F Housing Reconstruction Improvement Project Zone.

A. Defendant B’s act of interfering with Defendant B’s business: around 13:00 on December 10, 2015, Defendant B reported that the injured party’s association performed the construction of the closure of the water supply entrance, which was conducted by the injured party association in front of Mapo-gu Seoul, Seoul, and reported to the person who performed the construction work.

“Along with large sounds,” and obstructed the front of a refratator vehicle.

As a result, Defendant B interfered with the progress of the construction work of the victim union for about one hour and fifteen minutes by force.

B. Defendant B and C engaged in interfering with Defendant B and C’s duties, as well as Defendant B and C, around 14:15 on December 10, 2015, around 14:15, Defendant B and C moved at a place where the work was conducted and found on the street before Mapo-gu Seoul Mapo-gu Seoul High Court for the foregoing reasons, and she ended with “no construction.”

As a result, Defendant B and C interfered with the progress of the construction work of the victim union for about 30 minutes by force in collusion.

(c)

Defendant

around 16:00 on December 10, 2015, Defendant A engaged in the conduct of interfering with A’s business, which was found in the complex of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu KRD for the foregoing reasons and did not sit and do so at the point where the construction is carried out.

Accordingly, Defendant A interfered with the progress of the construction work of the victim union for about 30 minutes by force.

2. Determination

A. The term “power of force” of the crime of interference with business affairs means all force that may suppress and confuse a person’s free will, without asking whether it is tangible or intangible, and in reality, the victim’s free will is not restricted. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., the victim’s free will is prevented.

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