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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is “B” customer, and the victim C (36) is the president of the Republic of Korea.
On November 22, 2017, the Defendant, while under the influence of alcohol around 20:0 on November 22, 2017, entered “B” operated by the said victim in Gwangju North-gu, and ordered alcohol and alcohol.
Since then under the influence of alcohol, “the president has changed anywhere to his employee;
By the same day from the 22:20 of the same day, she satising, satising, satising, satising, and satising.
Accordingly, the defendant interfered with the general restaurant business of the above victim by force for about 20 minutes.
2. Determination
A. The term “power of force” of the crime of interference with business affairs refers to all force that may suppress and confuse a person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will should be restricted. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., such power should be determined objectively by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons involved in the crime, mode of force, type of duty, status of the victim, etc. (see, e.g., Supreme Court Decisions 2016Do10956, Oct. 27, 2016; 2009Do5732, Sept. 10, 2009). Moreover, in a criminal trial, the burden of proof against the criminal facts raised in the criminal trial ought to be proven to the extent that there is no reasonable doubt as to the defendant’s conviction in the charges (see, e.g., Supreme Court Decision 2015Do12101.).