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(영문) 서울북부지방법원 2020.10.23 2020노894
업무방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In fact, the defendant was unfairly refused to make a promise for medical treatment at a hospital, and there was no intentional satisfing on the floor of the hospital, and there was no intention to interfere with the business of the defendant merely because the defendant was exposed to the chest of the defendant and satisfing him at the time when two employees of the above hospital were satched and moved the defendant out of the hospital.

B. The defendant's act constitutes a legitimate act that does not violate social rules.

C. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,000,000) is too unreasonable.

2. Determination

A. “In the crime of interference with business in the context of the crime of interference with business regarding the determination of mistake of facts” refers to any force that can suppress or confuse a person’s free will, whether tangible or intangible, and includes not only violence and intimidation, but also social, economic, political status, and pressure by royalty. It is not necessary to practically suppress the victim’s free will by force.

(See Supreme Court Decision 2004Do8447 delivered on May 27, 2005). In addition, the establishment of the crime of interference with business does not require the actual occurrence of the result of interference with business, but if there is a risk of interference with business to cause the result of interference with business, it shall be sufficient to cause the risk of interference with business, and it includes not only interference with the performance of business itself, but also hindering the management of business widely.

(see, e.g., Supreme Court Decision 2000Do3231, Mar. 29, 2002). Comprehensively considering the above legal principles and the evidence duly admitted and examined by the court below, “In particular, according to the net order No. 15, the time of the Defendant’s display of field CCTV images (see, e.g., Supreme Court Decision 09Do11:00

(hereinafter the same shall apply)

From around 09:36:40 to around 10:32:00 to around 10:49:00, the center of the first floor of the D Hospital and the entrance and exit of the D Hospital.

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