beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant, at around 17:00 on August 7, 2016, at a pharmacy operated by Gangseo-gu Seoul Metropolitan Government, the first floor victim D (W, 31 years old) with the first floor underground store D (W, 31 years old) in Gangseo-gu, Seoul, written the word “at any time and time in the inside” in relation to the telephone towing;
In this context, it interfered with the victim's pharmacy's business operation by force by preventing the victim from counseling about about 15 minutes by avoiding disturbance, such as why he/she was dissatisfy, police, and she committed a large sound as "I amby, why he/she was not able to know."
2. Determination
A. The term “power of force” of the crime of interference with business affairs refers to any force that may suppress and confuse a person’s free will, without asking whether it is tangible or intangible, and in reality the victim’s free will is not to be restricted, but to the extent sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc.
Therefore, the determination of “power” ought to be objectively made by taking into account all the circumstances, such as the date and time and place of a crime, motive and purpose of a crime, number of persons, mode of force, type of duty, type of duty, and the status of a victim (see Supreme Court Decision 2009Do5732, Sept. 10, 2009, etc.). Moreover, the crime of interference with business is punishable for not only wide scope of the scope of power, etc., which is an object of the crime, but also abstract risk of interference with business, and thus, it is likely that minor matters constitute the crime of interference with business depending on a formal logical accident.
Therefore, even in cases where it appears to meet the requirements for the formation of a crime of interference with external affairs, considering all the circumstances at the time of the act, it is necessary to carefully examine and determine whether the crime of interference with affairs is likely to be subject to criminal punishment and reflect the outcome.
B. In light of the above legal principles, the evidence submitted by the public prosecutor's office as to the instant case is as follows.