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(영문) 인천지방법원 2014.10.24 2014노2104
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, towards the victim, flaged the victim, boomed the victim, and exercised the power by taking a bath; and (b) the victim failed to properly engage in the marina business, resulting in the crime

2. Determination

A. The judgment of the court below is based on the following facts acknowledged by the evidence, namely, ① the place where the defendant parked a vehicle is located is located far away from the victim’s “E” entrance operated by the victim D, and the above vehicle did not make access to E, but may interfere with the passage of customers who want to walk the crosswalk, etc., and ② the defendant was called from the victim to move the vehicle parked from the victim and took a bath to the victim, and immediately thereafter, the victim took a bath again, but it is difficult to conclude that the business of the victim was interfered with due to the absence of the visiting customer at the time. ③ The victim was unable to conduct business because it was too far far away from the police station because it was difficult for the defendant to find the vehicle as E, and even after the police officer tried to take care of the vehicle, it was difficult for the defendant to take care of the victim to take over the vehicle out of the E, but the defendant could not have been able to take over the vehicle outside of the police officer by force, etc.

In order to hand over the defendant to police officers, the victim seems to leave the E business in person and out of it.

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