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(영문) 춘천지방법원 강릉지원 2013.04.30 2012노360
상해등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal is that the defendant has committed each of the crimes in this case.

However, in light of the records, the court below shall closely examine the evidence legitimately adopted and examined in light of the records. ① It does not require the result of interference with business in establishing the crime of interference with business, but it is sufficient to cause the risk of interference with business." Interference with business" includes not only interference with the execution of business itself but also wide interference with the management of business (see, e.g., Supreme Court Decision 2000Do3231, Mar. 29, 2002). Thus, even in a case where parking on a road where parking is temporarily allowed, if the parking is likely to interfere with the business of neighboring stores in light of the purpose and time of parking, size and form of parked vehicles, the crime of interference with business can be established. ② The statement by the witness of the court of the court at the trial did not seem to be the first place to dispute the defendant and the victim, ② there is no interference with the attraction of organization losses, etc. in the case of a store operated by the victim, and there is no error in the misapprehension of the facts charged in the above case.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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