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(영문) 서울중앙지방법원 2015.07.16 2015노79
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant A did not commit an act of interference with business by force, such as the facts constituting the crime in the original judgment.

In other words, the Defendant, as the manager of the instant shopping mall management body, only demanded the withdrawal of the management company from the 11st floor office of the commercial building jointly used by the management body and the victim company (hereinafter “management company”), and did not exercise power by force, such as demanding the withdrawal of the management company in the 11st floor office of the commercial building.

However, while the defendant was a single-style, he gets off his bridge on the steel in order to defend himself by being threatened by the side of the management company.

In addition, the management company's business is not hindered due to the defendant's act.

(2) Although Defendants B, C, and D committed the same act as the facts constituting the crime, they did not insult an individual.

In other words, the Defendants indicated a claim against the existing management company, and I was appointed as the representative director on May 1, 2013, and at the time of the instant crime on May 9, 2013, the Defendants did not know who I was.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: fine of 2 million won, Defendant B, C, and D: each fine of 300,000 won) is too unreasonable.

2. Determination

A. (1) The determination of the allegation of mistake of facts against Defendant A’s crime of interference with business is not based on a tangible or intangible form, as all the forces capable of suppressing and mixing a person’s free will. As such, not only violence and intimidation, but also pressure by social, economic and political status and right rates are included therein, and in reality, the victim’s free will is not necessary, but also must be sufficiently capable of suppressing the victim’s free will. Whether it constitutes such power is determined as the date and time and place of the crime, motive, purpose, number of persons to commit the crime, and number of persons.

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