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(영문) 의정부지방법원 고양지원 2013.11.14 2012고정347
업무방해
Text

The defendant shall be innocent.

Reasons

1. On September 7, 201, from around 21:10 to 23:40, the Defendant went to the entrance of the gas station for the following reasons: D, in front of the oil station managed by D located in C at Priju City, to the entrance of the gas station “(the gas station), to turn away from the entrance of the gas station”; and the Defendant changed to the door on the ground that “if the gas station is a country’s land, it would turn back to the Nuriland”; and, on the ground that he gets a taxi, it made it difficult for the Defendant to walk from the entrance of the gas station to enter the gas station.

Accordingly, the defendant interfered with D's operation of gas stations by force.

2. The term “definite force” as stated in the crime of interference with business under Article 314(1) of the Criminal Act refers to all the forces capable of suppressing and mixing a person’s free will.

In this case, according to the public health room, witness F’s legal statement and field photo, G cafeteria exists adjacent to the E-owned station of this case, and the access road to the gas station of this case can be recognized that considerable width is wide while sharing the above restaurant parking lot and access road. In light of this, the defendant had been at the entrance of the gas station as stated in the facts charged.

Action was done by or to sit.

Even if such an act does not constitute a force as referred to in the crime of interference with business, there is no evidence to acknowledge that the defendant interfered with the duties of gas stations by force.

3. According to the conclusion, the facts charged against the defendant constitutes a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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