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(영문) 창원지방법원 2017.06.15 2016고정1038
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Since 2007, the Defendant leased three parcels, including C, to the victim D, and the damaged person continued to do so in the above land.

On March 23, 2014, the Defendant: (a) put in a management device, etc. created by a person who was damaged by approximately 700 square meters in Jinju-si and about 3 parcels, including Jinju-si, and covered the land, and covered the vinyl that is right away from the land.

Accordingly, the Defendant interfered with the cultivation of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. Court rulings (Jinwon District Court Decision 2015No. 1050);

1. On-site photographs [the "business" subject to the protection of interference with the business under the Criminal Act refers to an occupation or a business engaged in continuously or continuously, which is worth protecting from invasion by another person's unlawful act. Since such business is not necessarily necessary to be lawful or effective, whether it is a business worthy of legal protection is determined depending on whether it actually consists of the business affairs in fact and becomes the foundation of social activities. Even if there is a substantive or procedural defect in the process of commencement or performance of such business, the degree of such defect does not reach a case where the business affairs cannot be evaluated equally in terms of social norms or legal protection (see, e.g., Supreme Court Decisions 2013Do9828, Apr. 23, 2015; 90Do2501, Feb. 12, 1991).

Even if D’s cultivation business is subject to the protection of interference with business affairs (in addition, the final and conclusive Changwon District Court Decision 2015No 1050 decided on June 2014, which held that D was the lawful lessee of the instant land by the time D’s June 2014.

[Judgment]

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