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(영문) 서울중앙지방법원 2020.11.24 2020노1903
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of legal principles, the Defendant’s act does not constitute “defensive force” under the crime of interference with business, and the Defendant is the central branch of distribution of C Bank (hereinafter “instant bank”).

(2) As to the issue of insult and obstruction of performance of official duties of the victim D, the Defendant attempted to illegally arrest the Defendant in the act of committing an act of committing an unlawful act in the absence of any interference with the duties of the victim D, and there was no intention to interfere with the duties of the victim D. (2) As to the fact of insult and obstruction of performance of official duties, since the Defendant attempted to illegally arrest the Defendant without any risk of destruction of evidence or escape, it is reasonable that the Defendant committed the same act as stated in the facts charged in the process of paragraphs and

Nevertheless, the lower court found all of the charges of this case guilty, and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (eight months of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. “In the crime of interference with business” in the part 1 related to the crime of interference with business refers to all the forces capable of suppressing and mixing a person’s free will. Since it is not tangible or intangible, it includes not only violence and intimidation, but also social, economic, political status and pressure by the right and interest, etc., and it does not require actual suppression of the victim’s free will by force. Whether it constitutes such power should be determined objectively by taking into account all the circumstances, such as the date and place of the crime, motive and purpose of the crime, number of persons to commit the crime, type of duty, type of duty, and the status of the victim.

In addition, the person who is engaged in the work must not be the person who is directly engaged in the work.

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