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Reasons
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(영문) 서울중앙지방법원 2020.07.23 2019고정1375
업무방해
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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates curios on the Jongno-gu Seoul Metropolitan Government 1st floor, and there has been disputes over the right to lease a store between the victim C who operates art decorations on the first and third floors underground of the same building.

On January 22, 2019, from around 10:00 to about 15:00, the Defendant had the Defendant’s product display stand at the entrance of the first floor of the above building for about five hours, and thereafter, “Dr. Dr. Dr. Dr. Dr. Dr. Dr., and Dr. Dr. Dr. Dr. Dr., Dr. Dr., Dr., Dr., Dr., and Dr., back the old site A, and removed the deposit money from the underground, thereby making it inevitable for customers to have access to the store of the victim. It was difficult for customers to have access to the store.

Accordingly, the defendant interfered with the operation of the art award by force of the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Statements made by witnesses F in the fourth trial records, and by witnesses G in the fifth trial records;

1. On-site investigation reports;

1. Letters of cooperation with the director;

1. Application of USB video-related Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment is invalidated or revoked);

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant set a product display stand on the top of the entrance of the first floor of the above building, but there is no fact that he/she set up a ticket, and the setting of such product display stand does not constitute an act that interferes with the business of the victim by exercising power.

2. Determination

A. “Incompetence” in the crime of interference with business is all the forces capable of suppressing a person’s free will.

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