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(영문) 수원지방법원 2013.09.26 2011노5279
업무방해등
Text

The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

【Judgment on Grounds for Appeal】

1. The summary of the grounds of appeal (as to the guilty part of the judgment of the court below), ① the lawful entrusted management company of the C Apartment on the day of the instant apartment (hereinafter “instant apartment”) was not G Co., Ltd. working for the victim D (hereinafter “G”), but J (hereinafter “J”). Since G was forced to find out the J employees who were performing the instant apartment management business and shut down the management office and block the residents’ access themselves, the said D’s duties do not constitute “business” subject to the protection of the crime of interference with business, and there is no fact that the Defendant did not interfere with the victim’s business by force, and there is no fact that the Defendant conspired with the above residents by participating in the exercise of power by the residents of the instant apartment at the time of the management office.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the facts charged as to the guilty portion in the judgment below as stated below (the grounds for the judgment to be dismissed) before the judgment on the grounds for appeal by the defendant ex officio, and the prosecutor applied for changes in the indictment with regard to the guilty portion as stated in the facts charged. Since this court permitted this, the judgment of the court below cannot be maintained

However, even if the above reasons for ex officio destruction exist, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope related to the changed facts charged, and this is examined by changing the

3. Judgment on the defendant's assertion

A. Whether G’s apartment management business constitutes business of interference with business (1) The term “business” in the crime of interference with business refers to the entire business or business that continues to be engaged in on the basis of an occupation or social status, whether the business is mainly or incidental, and is called a single business.

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