(영문) 서울북부지방법원 2014.06.13 2014노266

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(영문) 서울북부지방법원 2014.06.13 2014노266

컴퓨터등손괴업무방해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The act of deleting the file of this case does not constitute force of the crime of interference with business.

B. Since the file of this case was deleted in the course of arranging personal files while the defendant left the office by mistake of facts, it is difficult to conclude that the defendant had no criminal intent to interfere with business, and that there was a risk of interference with business due to the deletion of the file of this case.

2. Determination

A. In the misapprehension of legal principles and the 1st crime of interference with business, the intent of interference with business does not necessarily require the intention of interference with business or planned interference with business, and it is sufficient to recognize or anticipate the possibility or risk of causing interference with another person's business due to one's own act, and its recognition or prediction is not only conclusive but also so-called willful negligence.

In addition, “competence” in the crime of interference with business is all the force that may cause the suppression and confusion of a person’s free will. As such, not only violence, intimidation, but also social, economic, political status and pressure based on the right and interest. In reality, the victim’s free will is not necessary to control, but also must be a sufficient force to suppress the victim’s free will. Determination of whether such force constitutes force ought to be made objectively by taking into account all the circumstances, such as the date and place of the crime, motive, purpose, number of persons involved in the crime, mode of duty, type of duty, and the status of the victim.

In addition, it is not necessarily required to be the power to directly engage in the business, but it can be included in the act that makes it impossible or considerably difficult for people to freely act by creating a sufficient condition to suppress the free will of people.

Furthermore, the crime of interference with business.

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