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The defendant shall be innocent.
Reasons
1. Around 10:00 on April 19, 2016, the Defendant: (a) around the Gu E plant located in Geumcheon-gu Seoul, Geumcheon-gu; (b) the victim G et al., at the request of the Plaintiff F, loaded each item and joint board on the truck and move it to the fence outside of the fence; and (c) the Defendant interfered with the victims’ restoration work by force by force, on the ground that the aforementioned materials are likely to be used as attack weapons if carried into the factory, by the FF expenses of the Plaintiff, on the ground that they might be used as attack weapons.
2. It is difficult to deem that the Defendant’s act constitutes a constituent element of the crime of interference with business solely with evidence submitted by the judgment prosecutor.
A. The term “power of force” of the crime of interference with business affairs refers to any force that may suppress and confuse a person’s free will, without asking whether it is tangible or intangible, and in reality the victim’s free will is not to be restricted, but to the extent sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc.
The determination of such force ought to be objectively made by taking into account all the circumstances, such as the date and time and place of a crime, motive, purpose, number of persons to commit the crime, mode of force, type of work, and the status of the victim (see, e.g., Supreme Court Decision 2009Do5732, Sept. 10, 2009). (b) According to the investigation report (related to the analysis of evidentiary materials), the following facts are recognized in accordance with the photograph, CD image, investigation report (related to the analysis of evidentiary materials), photograph attached to the investigation report (related to the analysis of evidentiary materials), CD image, investigation report (related to the analysis of evidentiary materials), etc.
(1) The defendant is seated above each part and a joint board which he / she gets landed, and the defendant is all the group.