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(영문) 수원지방법원 2014.01.23 2013노4706
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by C is that C will pay money

At the entrance of the restaurant, C was unable to report it to the police, and it did not interfere with C's restaurant business.

2. “In the crime of interference with business” in the crime of interference with business includes not only assault and intimidation, but also social, economic, political status, and rights, as all tangible and intangible forces capable of suppressing and mixing a person’s free will (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007). In short, even if a person is not directly engaged in a business, an act that makes another person unable or considerably difficult to perform his/her normal business as a result of creating a certain physical condition that may restrain a person’s free will or conduct, even if he/she is not directly engaged in a business, may include the act that makes another person unable or considerably difficult to perform his/her business.

(See Supreme Court Decision 2009Do5732 Decided September 10, 2009). “Interference with business” in the crime of interference with business includes not only interference with a specific business itself, but also hindering the smooth progress of business performance.

(See Supreme Court Decision 98Do3767 Decided May 14, 199). According to the evidence duly adopted and examined by the court below, the defendant worked as an employee at the D cafeteria operated by C from March 12, 2013 to be an employee. On March 13, 2013, the following day after C’s 10:00 on the ground that “I have lost their son, even if I had lost son, I would be able to prepare for his son’s erosion and will not fit the guest,” and the defendant would eventually start the above cafeteria, and the defendant asked C to pay the above cafeteria two-day daily wages, but C would have paid only a half of the daily wages, and 50 minutes of the cafeteria, and she would interfere with the customer’s sound by causing interference with the customer’s entrance and exit.

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