Text
The defendant shall be innocent.
Reasons
1. On October 01, 201, from around 06:05 to around 06:15 on October 201, 201, the Defendant: (a) entered a restaurant within the “E cafeteria restaurant operated by the victim in the Gangwon-gun D, Gangwon-do; (b) while running a business, the Defendant interfered with the legitimate business of the restaurant operated by the victim by force by setting noise, such as why he did not pay money with money; and (c) why he did not pay money.
2. Determination
A. The term “definite force” under Article 314(1) of the relevant legal doctrine of interference with business refers to any force sufficient to suppress or confinate a person’s free will, in light of the offender’s status, the number of persons, and surrounding circumstances. The determination of whether a person constitutes force ought to be made objectively by taking into account all the circumstances, such as the date and place of the crime, motive and purpose of the crime, the number of persons involved, the form of force, the type of duty, the type of duty, and the status of the victim.
(see, e.g., Supreme Court Decision 2010Do9186, Nov. 25, 2010). B.
Facts of recognition
피고인이 당시 피해자 운영의 식당에서 다소 큰 목소리로 아래와 같이 말을 한 사실은 인정된다(사건 당시 녹음 파일 첨부, 수사기록 31쪽). 피고인: 얌마!
It shall be asked at the level of e.g., al., al., whether the person is asked.
나는. 피고인: 누가 물어낸댔어 여자: 114 신고해, 언니 신고해, 야 114 신고해. 여종업원: 물어준다고요.
Defendant : N.C. H. H. H. L. H. L. L. L. L. L. L. L. b.
밥 먹을 땐 아무 말 안한다
Doz. out of the Republic of Korea
Does there be customers.
B. as soon as possible. (c)
The above legal principle as to the instant case is acknowledged by the evidence duly adopted and examined in this court. ① At the time, the files recorded by the employees of the above restaurant in the cell phone were recorded in the cell phone amounting to 30 seconds, and ② C, F, and G are recorded.