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(영문) 서울서부지방법원 2014.02.06 2013고정250
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, from June 1, 2012 to June 15, 16:20, at the “E” public morals point operated by the victim D on the first floor of the Mapo-gu Seoul Mapo-gu Seoul building C, the Defendant: (a) stated that his employees are infinite; (b) stated that the employees are infinite; and (c) stated that the customers who enter the said establishment are “pinite, anywhere in a State,” who enter the said establishment, and caused them to leave the said establishment, thereby obstructing the victim’s marina business operation by force.

2. “In the crime of interference with business” in the crime of interference with business refers to all the forces capable of suppressing and mixing a person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will is not required to control, but must be sufficiently capable of suppressing the victim’s free will. Whether such force constitutes such force ought to be objectively determined by taking into account all the circumstances, such as the date and time and place of the crime, motive and purpose of the crime, number of persons to commit the crime, mode of force, type of duty, type of duty, and status of the victim.

(See Supreme Court Decisions 2009Do5732 Decided September 10, 2009; 2009Do5698 Decided October 13, 201, etc.). According to the witness F, G, and H’s respective legal statements, the Defendant, under the influence of alcohol at the time indicated in the instant facts charged, found the Defendant’s head of the relevant marina shop operated by the victim along with his employees under the influence of alcohol; and the Defendant made a statement to the effect that F, an employee of the said place of business, who was an employee of the said place of business, suffered damage to the surrounding people in the course of preparing for a marina shop at the said place of business, said employee, who was found together with the Defendant, said employee.

However, the above evidence, each CCTV image submitted by the victim, and the records of this case, are as follows: ① The defendant and the victim arrive at the relevant marina shop, and the defendant received guidance to receive a marina without any specific restraint.

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