(영문) 서울중앙지방법원 2018.02.02 2017노4261

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(영문) 서울중앙지방법원 2018.02.02 2017노4261

업무방해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Although the Defendant did not lose the boarding passes, the Defendant forced the Defendant to enter the bus by force, and the Defendant only resisted to refuse to take passengers, and did not exercise 40 minutes of force as stated in the facts charged.

In addition, the defendant exercised his power.

Even if this is the process of protesting against the rejection of boarding, it is a justifiable act that does not violate the social rules.

2. Determination

A. Comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the Defendant’s act of obstructing the victim’s work by exercising force as stated in the facts charged, and the Defendant’s act does not constitute a justifiable act.

Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

1. Although the Defendant was on board an express bus after purchasing boarding passes and completing inspection marks, it appears that the Defendant forced the Defendant to leave the boarding passes for the reason that the Defendant would not offer boarding passes for customers.

② However, the Defendant, using a ticket ticket counter, committed an act, such as resisting a large of about 40 minutes of the tickets with a large voice, or putting a vessel at a hand, etc.

The bus company issued new tickets to the defendant, and the person in charge who can be seen as an employee of the bus company since the defendant started to set a port seems to have explained the issue to the defendant.

Nevertheless, the defendant continued to have a high-level person in charge, or knee and kneeled, and continued to have a port passed through a ticket counter.

(3) Employees of each ticket counter shall have direct relations with the measures taken to have defendants get off the bus.

It is difficult to see, and

유사 판례

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-서울동부지방법원 2015.04.10 2014고정1717

-광주지방법원 2017.05.25 2017고단1690