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(영문) 서울동부지방법원 2016.11.11 2016노840
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant merely dealt with the dispute between the victim and the payment of charges and did not interfere with the victim’s business intentionally, and the judgment of the court below which found the Defendant guilty of the facts charged of this case and affected the conclusion of the judgment by misunderstanding the facts.

2. According to the evidence duly adopted and examined by the court below, the defendant did not get out of 20 minutes by getting on a taxi operated by the victim to a destination and claiming the victim to pay a taxi fee at his destination. The victim reported to 112, and then moved to the sexual zone of the Gangseo-dong Police Station and re-entered the victim, but the police officer dispatched to the victim, who requested the victim to move to the sexual zone of the Gangseo-dong Police Station, refused to leave the taxi for 10 minutes at the back seat. According to the above facts of recognition, the defendant can be sufficiently recognized as interfering with the victim's business with the victim's intent to interfere with his/her business, so the defendant's assertion of mistake of facts is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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