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(영문) 서울남부지방법원 2018.07.12 2017노1535
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the victim D was subject to a request to dismiss the president of the resident representative conference and suspension of duties against the victim D, and the victim loses the representative qualification for each building and the victim automatically loses the status of the said president, the victim’s business is not subject to protection of interference with business due to unlawful conduct.

B. In fact, the Defendant did not tell the victim of the degree of interference with the business, and did not intentionally attract all copies or computers in order to refrain from using the prohibited air conditioners.

(c)

The punishment of the court below (700,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the term “business” subject to protection of interference with business under the Criminal Act refers to a business or business that is engaged in or continuously and is worth protection from harm caused by an unlawful act of another person. It does not necessarily require that a contract or administrative act, etc., which is the basis of the business, is lawful (see Supreme Court Decision 2002Do1747, Apr. 11, 2003). Whether the business is worth legal protection is determined depending on whether the business is actually peaceful and thus becomes the basis of social activities, and there are substantive or procedural defects in the process of commencement or performance of the business.

Even if it does not reach the degree of anti-sociality, it should be considered to be subject to protection of interference with business.

Meanwhile, the establishment of a crime of interference with business does not require the actual occurrence of the result of interference with business, but there is sufficient risk of causing interference with business (Supreme Court Decision 2003Do7927 Decided March 26, 2004). 2) The judgment of the court below and the evidence duly adopted and examined by the court below as follows.

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