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(영문) 대전지방법원 2020.12.03 2019노3795
업무방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the Defendant has attached a notice to the Cream Market in this case for the purpose of talking about the female by benefiting from lending money to the mother of the victim without paying the money.

The act of posting such notices does not constitute force, but did not have intention to interfere with the defendant's business.

2. Determination

A. (1) The lower court determined that the act of posting a notice constitutes force on the crime of interference with business (i) the act of making it considerably difficult for the victim to operate his business by making certain physical conditions sufficient to suppress the victim’s free will by taking into account the following circumstances.

① The Defendant’s mother did not repay his obligation to the victim’s mother. The Defendant posted a notice of the same content as that indicated in the facts constituting a crime in the judgment of the court below on the instant database glass that was continuously operated by the victim prior to the instant case. ② If the victim’s notice is detached, the Defendant resisted or hing it, and continuously attaching it; ③ the Defendant’s notice was used for the first time by posting the tape, etc.; ④ the notice was used for the first time; ④ the content demanding the principal to repay his obligation to the customer; and the attachment was attached to the customer’s door; ④ The Defendant appears to have a significant impact on the customer’s use of the intermediary. ⑤ The Defendant’s distribution was likely to be made to the local residents through the entrance door, and the customer’s visit to make a reservation, practice, etc. from time to time through the visit, etc. due to the characteristics of the intermediary, and the lower court’s judgment is acceptable by closely comparing the aforementioned judgment with the records and the judgment by the court below.

B. Whether the Defendant had an intention to interfere with business (1) is established with business.

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