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(영문) 서울중앙지방법원 2017.11.30 2017고단3044
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2017, at around 23:30, the Defendant interfered with the Defendant’s business, by force, prevented customers, who drinkd a disturbance for about 30 minutes, such as drinking at “E” restaurant operated by Seocho-gu Seoul Metropolitan Government C1 Victim D, and allowing customers to drink at the place without any justifiable reason, from entering the restaurant, thereby obstructing the victim’s restaurant business by force.

2. On April 25, 2017, at the same place as before around 00:0 on April 25, 2017, the Defendant: (a) committed assault, such as: (b) G, a police officer affiliated with the Seoul Seocho Police Station F boxes, who was called to the site after receiving a report that a customer frights a walk; and (c) G, a police officer assigned to the scene, prevented the Defendant; and (d) released the facility outside of the restaurant; (b) displayed the facility at several times a drinking event to the left-hand hand; and (c) walking the facility with the left-hand hand, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Investigation report (in relation to field search and CCTV image reading), investigation report (in relation to the examination of CCTV images), investigation report (in relation to the examination of CCTV images), investigation report (in relation to the statement by the victim’s telephone);

1. Each CD [1] With respect to interference with business, the Defendant did not have used a “power” that could interfere with the restaurant business of the victimized person, and did not have any intention to interfere with business.

The argument is asserted.

The term "power of force" of the crime of interference with business is all force that may suppress and confuse a person's free will, and is either tangible or intangible, and thus, it includes not only violence, intimidation, but also social, economic, political status, and pressure based on the right and interest. In reality, it does not require the suppression of the victim's free will. However, it is sufficient to suppress the victim's free will in light of the offender's status, number of persons, surrounding circumstances, etc.

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