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(영문) 의정부지방법원 2016.05.26 2015고정2605

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Where the husband of the victim C and the defendant are in an inhuman relationship with the victim;

On April 15, 2015, around 16:00, the injured party found the "E Child Care Center" located in D apartment 711-104, Namyang-si, Namyang-si, which was operated by the injured party, and forced the above child care center to enter the above child care center. The victim's defect to restrain it and close the door, the defendant attempted to open the door again, and interfered with the victimized person's child care center's operation by force by avoiding about five minutes of disturbance, such as taking a bath, etc.

2. In the case of defamation, the Defendant: (a) had two teachers of child-care centers and three students of child-care centers, etc. despite the fact that the victim and the Defendant’s husband are not aware of the fact; (b) whether the victim “this year has been winded with our husband; (c) it has been overlapped with her husband; and (d) whether the child-care center has been set up.

“The reputation of the victim was damaged by openly pointing out false facts by sound.”

Summary of Evidence

1. The legal statement of the witness C;

1. Each police statement with respect to C and F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(2) of the Criminal Act, Article 307(2) of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;