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(영문) 대전지방법원 2014.08.28 2013노3208
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Although there is a fact that the defendant, who is in the Seo-gu Daejeon-gu Seoul Special Metropolitan City (hereinafter referred to as the "instant hospital") was somewhat disturbed in the 2nd nurse's office, the defendant does not interfere with the nurse's services by force, as it does not interfere with the nurse's services.

Property damage (related to paragraph (1) of the crime of causing property damage) is true that the defendant damaged the victim G property, but this is part of the act of interference with business, so the crime of causing property damage is absorption into the crime of interference with business or the crime of causing two crimes are in a mutually concurrent relationship, so it is not a separate crime of causing

There is no fact that the defendant has threatened the victim L/M, as stated in the facts of the crime in the original judgment (related to paragraphs 2 through 5 of the facts of crime).

The sentence of unfair sentencing (eight months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

The force of the crime of interference with business on the argument of interference with the determination of facts concerning the allegation of interference with business is a single force capable of suppressing and mixing a person's free will, and is not tangible or intangible. As such, violence, intimidation as well as social, economic and political status and pressure based on the right and authority are included therein, and in reality, the victim's free will is not required to control, but should be sufficient to suppress the victim's free will.

The determination of whether a person is a threat of force shall be made objectively by taking into account all the circumstances, such as the date and place of the crime, motive, purpose, number of persons to commit the crime, mode of force, type of duty, and the status of the victim. It does not necessarily mean that a person who is engaged in a duty must be the person directly going

In order to make it impossible or considerably difficult for people to freely act by creating a sufficient condition to suppress their free will.

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