(영문) 부산지방법원 2018.11.08 2018노2457 | 리걸엔진

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(영문) 부산지방법원 2018.11.08 2018노2457

업무방해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Regarding the part concerning interference with the main part of the grounds for appeal, the defendant did not interfere with the work of the victimized Company C, and the defendant did not assault or injure the victims, and the defendant's act constitutes legitimate defense.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On May 4, 2017, at around 15:30 on May 4, 2017, the Defendant: (a) requested an interview with the president to the staff of the 7th executive office of the C7th executive office of the Busan Jin-gu, Busan, for an interview with the president; and (b) the said staff requested an interview with the person in charge of the relevant ministry, even though he/she has failed to attend the meeting; (c) three persons, such as employees D, who were enrolled in the fluoral office of the Republic of Korea and went back to the 1st executive office of the C7th executive office of the C7th executive office of the Busan Jin-gu, Busan; and (d) obstructed the company’s business by force for about 15 minutes, including assault and injury, as stated in the facts charged in the judgment below, such as assault and injury to the Defendant.

2) The lower court found the Defendant guilty by comprehensively taking account of each of the evidence indicated in its judgment.

3) The term “power of force” of the crime of interference with the deliberation of the political party refers to all force that may lead to the suppression and confusion of a person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will is not to be controlled, but should be sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc.

Therefore, whether it constitutes “power” is the date and place of crime, and the crime.

유사 판례

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-서울남부지방법원 2018.06.26 2017노810

-서울서부지방법원 2017.10.13 2016고정653

-서울남부지방법원 2017.10.18 2016고정2693

-서울서부지방법원 2018.06.12 2018고단48