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(영문) 서울북부지방법원 2015.03.25 2014고정1346
업무방해
Text

The defendant shall be innocent.

Reasons

1. On December 7, 2013, the instant charges: (a) around 11:30, the Defendant, in the commercial building located in Dongdaemun-gu Seoul Metropolitan Government, owned by the Defendant partially leased to the Victim C, suspended the operation of the boiler in the boiler room in the part of the building used by the Defendant, and corrected the boiler room’s door, and brought the key to the said building. From that moment, the Defendant was unable to operate the boiler in the said building by the 10th day of the same month.

Accordingly, the defendant interfered with the victim's work by using deceptive schemes or force by preventing the victim from engaging in food manufacturing business in a normal way.

2. The conclusion of the crime of interference with business does not require the actual occurrence of the result of interference with business, but the occurrence of the risk of interference with business would suffice. However, if there is no concern about the occurrence of the result, this crime is not established.

According to C’s legal statement, it is difficult to deem that there was a risk of interference with the food manufacturing business of the above company operated by C solely on the ground that C’s work and room room were not heated by the employees due to the suspension of boiler operation, in light of C’s legal statement in light of the contents of C’s legal statement (i.e., “in this court where there is any other column in this court, and there is a large amount of fine for negligence,” etc., the Defendant stated that C’s above business office and room room were not heated by stopping boiler operation. Thus, it is difficult to deem that there was a risk of interference with the food manufacturing business of the above company operated by C, by the evidence submitted by the prosecutor.

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