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(영문) 의정부지방법원 고양지원 2012.11.15 2012고정891
업무방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant of the facts charged from around June 13, 2011

6. By December 22, 200, the Defendant interfered with the business affairs of the Victim E, who is an employee of the said company by force, by means of force, such as ordering the president to stop the factory by cutting off the goods into the factory by cutting off the road with a large sound,” and “to stop the factory by cutting off the goods into the factory by cutting off the road,” and “to turn off this horse to the president.”

2. The term “defluence” in the crime of interference with business means any force sufficient to control and confluence a person’s free will. As such, the term “defluence” in the crime of interference with business is either tangible or intangible, or intangible, and as such, the term “defluence” includes not only violence threats but also pressure by social and political status and right rates. In reality, the victim’s free will is not required to control, but also means the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, whether it constitutes 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 involved, form of force, type of duty, type of duty

(see, e.g., Supreme Court Decision 2009Do5732, Sept. 10, 2009). According to these legal principles, according to the evidence submitted by the health unit and the prosecutor in this case, the Defendant was from Jun. 13, 201.

6. From 00 to 10:00 during the company’s business hours to around 7 to 10:10, the company’s office (hereinafter “instant office”). At the time, employees, such as victims E, etc., who had been in charge of accounting duties, were working in the above office. The Defendant, inside and outside of the office, made the statement to the head of the office, such as “to set off a large amount of value”, “to prevent a factory from being carried away goods into the factory by cutting off the road,” and “I am before this end,” and “I am the president.”

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