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(영문) 부산지방법원 2018.08.24 2018노1528
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The power of interference with the duties of the main reason for appeal refers to all the ability to suppress a person's free will, and the defendant's act was sufficient to such degree, but the court below erred by misapprehending the legal principles, which acquitted the defendant.

2. Determination

A. The summary of the facts charged in the instant case is the first floor tenant of the building located in the Busan Dongdong-gu, Busan, and the victim D was the owner of the said building.

E is the denial of E.

On May 24, 2017, at G pharmacy operated in Busan Dongdong-gu, Busan around 11:30 on May 24, 2017, the Defendant resisted the victim D, who supported the operation of the above pharmacy, to pay damages related to the water leakage of the building located in the above C, and resisted the victim D, who provided assistance to the operation of the above pharmacy, to the extent that the Defendant was sexually ill, and “Ahh, h, age,”

In doing so, “the same year,” etc., the victim’s pharmacy business was obstructed by force by avoiding disturbance, such as getting a customer, and preventing customers who were entering a pharmacy from entering the pharmacy.

B. The lower court determined as follows: (a) the Defendant operated a restaurant in the underground floor of the instant building leased from E, namely, ① was affected by water leakage or rainwater inflow; (b) caused conflicts with E and D; and (c) the Defendant sought to sell the building to a third party on the day of the instant case; (c) the Defendant is a female aged 61; (d) at the time of the instant case, D was a female under the age of 61; (c) the Defendant was h’s employee at the said pharmacy; (d) while the Defendant was in conflict with D, the Defendant and D were working in the said pharmacy; (d) the Defendant and D were in the general situation of putting the horses to the other party; and (d) even during the intermediate intervention or necessary telephone communications; and (d) the Defendant’s behavior was obstructed.

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