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(영문) 제주지방법원 2016.09.08 2016노316
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to interference with each business affair on January 15, 2016, the Defendant is a restaurant operated by the victim D (hereinafter “instant restaurant”).

(2) The Defendant raised an objection to the unfair treatment of the Defendant, a customer, and did not interfere with the said victim’s work by force, which is an act contrary to the social norms, and thus, is dismissed from illegality. As to the obstruction of business on January 17, 2016, the Defendant’s accommodation managed by the Victim F (hereinafter “instant accommodation”).

(2) On January 18, 2016, the Defendant’s act of causing damage to property does not constitute a obstruction of business since the Defendant’s act of causing damage to property does not constitute a obstruction of business because the manager of the lodging room is permitted due to its frequent occurrence, and it does not constitute a obstruction of business, as the act of obstructing the business of the manager of the lodging room. (3) As to obstruction of business of January 18, 2016, the Defendant only reported that singing out singing at the lodging of the instant case and other customers who are other customers, and did not interfere with business by force. (2) The Defendant’s act of causing damage to property does not change the entrance entrance of the victim I to a state where it cannot be provided for the original purpose of use of the entrance.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, “comforcing force” in the relevant legal doctrine on the crime of interference with business is not charged with any force that can control a person’s free will, tangible, intangible, or intangible. As such, not only violence intimidation, but also pressure by social and political status and right rates are included therein, and in reality, it is not necessary to control the victim’s free will. However, the above-mentioned position, number of persons, surrounding circumstances, etc. of the offender is not required.

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