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(영문) 서울남부지방법원 2019.07.30 2018노843
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of fighting a horse with the victim, the Defendant merely engaged in actions, such as raising the words and behavior for hands, etc. in order to resisting the victim's act of infinite and infinitely acting with the victim, and did not have exercised any power to the degree of interference with business, and did not have any intention to interfere with business.

B. At the time of committing the instant crime, the Defendant was in a state of mental disability or mental health disorder.

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. On September 23, 2017, at around 19:20 on September 23, 2017, the Defendant: (a) announced the victim D (the victim D (the 26-year-old age) who was occupied at the first floor C store under the building B in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at KRW 4,00 to replace the 3,00 won; (b) the victim changed the 3,000 won to the 3,00 won; and (c) the victim is not able to make any change.” (d) the Defendant’s judgment on the crime of interference with business interfered with the management and sale of the victim’s store by force for about 30 minutes, such as threatening the victim, as he/she threatens in his/her hand, with his/her possession, because he/she does not have any form of political pressure, social pressure, economic status, or threat, etc., which is included in the free will of people, and thus, is not likely to be included in the crime of assault and threat.

(see, e.g., Supreme Court Decision 2003Do5004, Mar. 25, 2005). In addition, in the crime of interference with business, the criminal intent of interference with business does not necessarily require the intention of interference with business or planned interference with business, but there is a possibility or risk that his act will interfere with another person’s business.

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