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(영문) 춘천지방법원 강릉지원 2017.02.02 2016노307
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The Defendants’ act does not constitute “power” of interference with their duties.

The Defendants only committed the same act as indicated in the facts charged in the form of a religious assembly in order to seek unfair access road construction activities of the victim Samsung C&T Co., Ltd. (hereinafter “victim”).

B. In addition, the victim company tried to construct a dangerous road without respecting I’s will. The victim company’s access road construction work is not a “business” subject to the protection of interference with business affairs, but rather constitutes an unfair invasion or interference with the Defendants’ business affairs. The Defendants merely opened a regular meeting to exclude the Defendants, and thus, the Defendants do not interfere with the victim company’s business affairs.

2. Determination

A. 1) The term “power of force” of the crime of interference with business affairs refers to any force that may cause confusion with the free will of a person, and is not tangible, intangible, or intangible, and is not charged with intimidation, as well as pressure based on social political status and rights. In reality, the victim’s free will is not required to be controlled. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., the determination of whether the crime constitutes force ought to be made objectively by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons, capacity, type of duty, type of duty, and the victim’s status (see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). In light of the aforementioned legal principles, the lower court and evidence duly adopted and investigated by the victim.

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