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(영문) 광주지방법원 2017.11.09 2017고정1092
업무방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 30, 2017, from around 16:30 to 16:45, the Defendant, at the front corridor of the 'E’ sports center operated by the victim D, from around 16:30 on May 30, 2017 to around 16:45, called the victim and the sports center construction cost-related issue on the same day, and interfere with the operation of the sports center of the victim by force by putting the victim’s voice into a e-sports room.

2. The term “power of force” of the crime of interference with the determination of a person’s free will does not ask a person’s free will either in a tangible or intangible form or form, 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., the degree sufficient to suppress the victim’s free will. Thus, whether such a 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 duty, type of duty, status of the victim, etc. (see Supreme Court Decision 2016Do10956, Oct. 27, 2016). In addition, the crime of interference with duties is highly likely to be widely interpreted as an abstract dangerous crime, taking into account the circumstances where the concept of the crime of interference with duties is widely interpreted by taking into account the specific circumstances of the case.

It is reasonable to evaluate that the relevant person satisfies the requirements for the obstruction of business affairs only if deemed necessary.

According to the evidence submitted by the prosecutor, while the defendant and the victim made a telephone conversation, the victim suffered a defect in the defendant's bath, and the defendant recorded the conversation, and the victim recorded the voice recording from the outside corridor of the sports center operated by the victim, about 15 minutes of portable blosts.

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