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(영문) 대전지방법원 2015.07.02 2014노1505
업무방해
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment on Defendant B is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendants resisted against the victim D or E illegal business, the Defendants do not exercise their power to prevent customers from getting out of the taxi.

Even if the Defendants exercised their power and interfered with the victims' work, the victims were engaged in business activities outside the business area, so the victims' work is not subject to protection of the crime of interference with business.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendants are members of the YYA and the victims D, and the victims E are those engaged in taxi driving business after obtaining a taxi transportation business license that covers the day of the YAG as its business area. While the taxi transportation business entity temporarily conducts a business (one-time “one-time business”) outside the business area while getting back to the business area after getting passengers aboard the relevant business area and operating it outside the relevant business area, the Defendants conspired to interfere with the return business of the taxi officers in the YAG, even though it does not constitute a business outside the business area.

1. On July 21, 2013, at around 20:17, the road in front of the “astronomical Bus Terminal” located in the new Dong-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yan-si, the victim D interfered with the victim’s taxi business by force by putting his hand on G, who is a customer to go to the Yanban bus terminal in the Sinsan-si, Sinsan-si, by taking advantage of F-si in the distance of death within the Sinsan-si, by taking advantage of the F-si, and attempted to go to go to the Yanban bus terminal in the Sinsan-si, Sinsan-si, Sinsan-si, and then try to go to go to the Yaban-si, Sinsan-si, Sinsan-si.

2. On the 26th day of the same month, at the above place around 17:09, the victim E uses H-si in front of Samsung semiconductors located in Asan-si Ships.

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