(영문) 청주지방법원 2019.05.16 2019고정36

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(영문) 청주지방법원 2019.05.16 2019고정36

업무방해

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant interfered with the business of the victim B from September 19, 2018 to June 16:15, 2018, the Defendant interfered with the business of the victim B by force by preventing customers from entering the said store business by avoiding any disturbance, and preventing them from entering the company, by force. The Defendant interfered with the business of the victim B’s store operation by force, by putting the victim B, who was in the Cheongju-si petition C, from around 15:05 to around 16:15 of the same day.

2. On October 2, 2018, around 15:45, the Defendant interfered with the business of the victim E by force, thereby obstructing the victim’s business by force, by preventing customers who had purchased the Defendant and entered the 15 minutes large amount of 15 minutes large bits, and by preventing them from entering the cambling business, from entering the cambling business by force.

Summary of Evidence

1. Witness B and E each testimony;

1. Statement of each police statement of B and E;

1. The defense counsel of the 112 Report Processing List asserts that the defendant had no intention to interfere with business because the defendant's defect in the purchased product and the defendant's demand to resist and refund the product.

On the other hand, in the crime of interference with business, the intent of interference with business does not necessarily require the intention of interference with business or planned interference with business, but it is sufficient to recognize or anticipate the possibility or risk of causing interference with business of another person due to his own act, and its recognition or prediction is not only definite but also uncertain, so-called willful negligence is recognized. Accordingly, each of the crimes of this case recognized by each of the evidence in its holding, such as the contents, place of the crime, time of the crime, the duration of the defendant's act.

유사 판례

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-창원지방법원 2013.02.15 2012고정1160

-청주지방법원 2013.09.11 2013고단801

-인천지방법원 2015.09.02 2015고합382