(영문) 인천지방법원 2015.03.19 2014노3439 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.03.19 2014노3439

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not use force due to misunderstanding of facts or misunderstanding of legal principles in the main points of the instant case, such as harming sound or lowering a bank, and even if so, he did such act.

Even if this does not constitute a force of the crime of interference with business or a legitimate claim for excessive value, the court below's conviction against the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles, although it is justified as it constitutes a legitimate act.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the court below, the facts charged of this case are sufficiently recognized, since the defendant demanded a refund to the victim, and the two customers who were the main points of the victim who were the main points of the victim's noise, were sleeped by the two customers who were the main points of the victim's noise, followed again by the two customers who were entering the main points of the victim's noise, the defendant was sleeped by the main points of the victim's noise to the extent of the noise, the defendant continued to sleep the victim's noise while the defendant sleeped the victim's noise, the police got the main points of the victim's return to the victim's return and 20,000 won, and the victim again reported to the police again by the victim. Thus, the defendant interfered with the main points of the victim's business.

In addition, “competence” in the crime of interference with business refers to all the forces capable of suppressing and mixing a person’s free will, regardless of whether it is tangible or intangible, and in reality, it does not require the victim’s free will. In light of the offender’s status, the number of persons, and surrounding circumstances, etc., it means the forces sufficient to suppress the victim’s free will. As such, whether it constitutes force is the date and place of the crime, the motive, purpose, and purpose of the crime.

유사 판례

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