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(영문) 서울중앙지방법원 2021.02.16 2020노1786
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the defendant argued with the victim within the convenience store operated by the victim but at the time the victim's business was not interfered with the victim's business, and he was sitting behind the convenience store after the 112 report, even though he requested the police officer to request water from the police officer, he did not receive assistance from the police officer, and did not intend to interfere with the victim's convenience store operation, the court below found the defendant guilty of the charges of this case to be erroneous in the misapprehension of facts and the misapprehension of legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant was sufficiently aware of the fact that the Defendant interfered with the victim’s convenience store operation, etc. by force, as stated in the instant facts charged.

① On August 9, 2019, at around 00:30, the Defendant found the convenience store operated by the injured person along with his/her daily administration and paid the price equivalent to 2 wrap of coffees, and extracted 3 wraps from coffees, and the aggrieved person demanded the Defendant to pay 1 wraps in addition.

② The Defendant, while referring to “Chewing” as to this, continued to demand refund of the remaining balance of coffee 2, which had already been settled before the convenience store calculation stand, and the Defendant did not comply with the demand of the Defendant, “The Defendant, who sought to calculate other customers and interfere with business at the calculation stand.”

③ The victim reported 112 reports to the police station, and the Defendant returned to the convenience store after 20 minutes of the dispatch of the police officer, and found at the convenience store again after 20 minutes of the dispatch, and continuously resisting the victim, and continued to resist the convenience store, and Yu pool around the customers.

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