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(영문) 인천지방법원 2021.02.04 2020고정1668
업무방해
Text

The defendant shall be innocent.

Reasons

1. On March 21, 2020, around 10:00 on March 21, 2020, the Defendant stated a claim against the victim, who was receiving a reservation for the sale of public marina in the front corridor of the 'D pharmacy' operated by the Seo-gu, Seo-gu, Incheon (Seoul, 53 years of age), the second floor victim C (the South, 53 years of age), and made a dispute with the back number of the resident registration number.

Accordingly, in order to deduct a paper No. A4, which includes a list of the victims entering the above D pharmacy, from the list of the victims entering the above D pharmacy, caused the victim to go against the victim's arm's length when avoiding the defect, thereby obstructing the victim's pharmacy's work by force for about 40 minutes by forcing customers waiting to buy the victim's arms by hand.

2. Determination

A. The term “power of force” of the crime of interference with the legal doctrine refers to any force that may suppress and confuse a person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will is not restricted. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it should be sufficient to suppress the victim’s free will. Thus, whether such power constitutes a crime ought to be objectively determined by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons involved in the crime, capacity, mode of work, type of duty, and the status of the victim (see, e.g., Supreme Court Decision 2016Do10956, Oct. 27, 2016). (b) The following circumstances recognized by the record, namely, ① the victim’s personal information, such as his resident registration number, etc. during the process of receiving a promise, and the victim’s body or reason of contact with the victim.

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