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(영문) 수원지방법원 2015.09.04 2015노1936
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the Defendant was unable to resist the victim D, a driver of an urban bus, in provoking, by taking the victim’s hair and head, and satisfing the victim’s sat, etc. by hand. The Defendant’s act constitutes force on the crime of interference with business, and the Defendant’s act constitutes the crime of interference with business, and there was a risk that the victim’s bus operation would interfere with the victim’s bus operation. Thus, the lower court erred by misapprehending the facts, thereby acquitted the Defendant

2. Determination

A. In the judgment of ex officio, the prosecutor applied for the amendment of the indictment to add the facts charged of assault as stated in Article 2-C and 1 of the facts charged in the instant case at the trial, as stated in Article 2-C and 2-30 of the facts charged, and the above court permitted it. However, the prosecutor's assertion of misunderstanding of facts against the primary facts is still subject to the judgment of the court. Therefore, the prosecutor's appeal and the aforementioned additional facts charged are examined. (B) The summary of the primary facts charged (Obstruction of Business) of the defendant from August 14, 2014 to 20:30 of the same day, from around 20:10 on August 14, 2014, the defendant tried to leave the victim D, who is a driver, without putting a bus to the victim D, and the victim cannot be able to take the vehicle with the victim's driver's driver's driver's desire to move to another bus by force."

2. The “component force” of the crime of interference with business is all the forces capable of suppressing and mixing human free will.

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