(영문) 제주지방법원 2014.04.11 2013고정806

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(영문) 제주지방법원 2014.04.11 2013고정806

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 02:00 on April 23, 2013, the Defendant interfered with the victim’s restaurant’s business by force by avoiding disturbance for about 40 minutes while walking in the restaurant room, on the ground that the Defendant was influence with the Defendant’s pre-ception, and the Defendant’s failure to sell alcohol to the Defendant, and that the Defendant was influenced with the Defendant, and that the Defendant was influenced with the Defendant’s business operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The defense counsel in the determination of the testimony of the witness F and D's testimony, asserts that the defendant's act did not reach the degree of exercising power in the crime of interference with business, although the defendant has been walking twice through the door of the restaurant room.

However, “competence” in the crime of interference with business refers to all tangible and intangible forces capable of suppressing and mixing a person’s free will. As such, it is not limited to assault, threat, etc., and means a force sufficient to suppress the victim’s free will in light of the offender’s status, surrounding circumstances, etc., and in reality, it is not necessary to control the victim’s free will. According to the evidence, the Defendant, while under the influence of alcohol during the night, was found to have committed an act of walking the victim’s house, which is a residential space, in a restaurant where there is no other person than the victim, and in such circumstances, it can be deemed that the female victim had a sufficient force to suppress the victim’s free will. Thus, the Defendant’s act constitutes the exercise of force that constitutes the crime of interference with business.

The above argument cannot be accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act and the selection of fines;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order:

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제314조 제1항

유사 판례

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-서울중앙지방법원 2019.09.03 2019고정1230

-제주지방법원 2015.04.30 2014노417

-부산지방법원 2013.02.01 2012노3401