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(영문) 대구지방법원 2017.07.13 2017노269
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not exercise any power that interferes with the work of the victims.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment, and the lower court rejected the reasoning for the judgment from 3 pages 11 to 4 of the lower judgment.

B. In light of the legal principles related to the judgment of the party and the evidence duly adopted and examined by the court below, the defendant was found to have interfered with the victims' work by force as stated in the facts charged in the instant case.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding facts and affecting the judgment.

Therefore, the defendant's assertion is without merit.

The term "power of force" in the crime of interference with business refers to any force that may cause suppression and confusion of a person's free will, regardless of tangible or intangible, it does not ask any person, including assault and intimidation, social, economic, political status and pressure by force, etc., and it does not require actual suppression of the victim's free will (see Supreme Court Decision 2004Do8447, May 27, 2005, etc.). The defendant filed 26 cases at LH Corporation, 19 cases at the citizen newspaper, and 441 cases at the management office only in one year of 2015, and directly visited the management office for 183 days from 340 days, and as a result, D management office separately manages the defendant's civil petition and thereby is subject to disadvantageous treatment for the victims of excessive civil petitions from LH status, etc.

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