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(영문) 부산지방법원 2018.04.25 2017고정2239
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the first floor tenant of the building located in the Busan East-gu, Busan, and the victim D was the owner of the building above.

E is the denial of E.

On May 24, 2017, at G pharmacy operated in Busan Dongdong-gu, Busan around 11:30 on May 24, 2017, the Defendant resisted the issue of compensation for water leakage of the building C, and made a high resistance to the victim D who assist the work of the above pharmacy, and “I am h, h, age,”

While taking the bath of “the same year,” etc., they interfered with the victim’s pharmacy business by force by avoiding disturbance, such as getting a customer, and preventing customers from entering the pharmacy from entering the pharmacy.

2. Determination

A. “Authority” of the crime of interference with business affairs refers to any force that may suppress and confuse a person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will is not restricted. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it should be determined objectively by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons, capacity, type of duty, type of duty, status of the victim, etc. (see Supreme Court Decision 2016Do10956, Oct. 27, 2016). B. Examining the following facts acknowledged by evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone sufficient to suppress the victim and H’s free will (see Supreme Court Decision 2016Do1056, Oct. 27, 2016).

It is difficult to recognize it.

1) The Defendant leased the underground floor of the building from E and operated the restaurant, and due to water leakage or rainwater inflows, there was an occurrence of continuous conflict with E and D.

2) The Defendant is a water leakage system and E of the underground floor on the day of the instant case.

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