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(영문) 창원지방법원 2018.12.06 2018노1011
업무방해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) prevents the victim from allowing access to the factory without the intention of interfering with the work without paying the cost for the lease of the factory and without paying the cost for the lease of the factory.

The above act of the victim does not constitute a business subject to protection of interference with business affairs.

The defendant's cargo vehicle that prevents the access road has a window installed so that the victim's employee could open the door of the above cargo vehicle and move the vehicle, so it is difficult to view that the defendant's act is a threat of interference with the business.

Nevertheless, the court below found the defendant guilty of facts charged and erred by misapprehending the legal principles.

2. In relation to interference with the determination, “business” means a business or business that a person continues to engage in on the basis of his/her social status. Although it includes not only a principal business but also an incidental business closely related thereto, one-time business, such as the relocation of a factory, other than a business that continues to engage, does not constitute “business” which is the object of interference with the business.

Provided, That a single office is called

Even if it is a certain degree of continuous performance or is done in close indivisible relationship with the performance of its original duties that has been continuously conducted in an occupation or social status, the company's act of promoting and implementing the relocation of the workplace for a certain period of time and procedure as part of a series of management plans related to the plan of the relocation of the workplace and the commencement of new construction and operation of the new workplace and the closure and suspension of operation of the previous workplace for the purpose of carrying out the business without suspending the business before and after the relocation.

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