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(영문) 전주지방법원 군산지원 2021.03.24 2021고정12

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 7, 2020, from around 17:40 to 18:30, the Defendant interfered with the cooking of employees and the management of the victims, such as the provision of food and drink of employees, by finding in the above office where the employees are under food, and installing a simple bed in the representative room where the victims work, on the ground that the injured party, who is the wife of the Defendant, would have left the place of residence after the husband’s fighting, left the above office and would have been living in the above office.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement to be prepared;

1. Report on occurrence (Interference with the business), the list of the cases reported in 112, the report on internal investigation (as to the behavior of the suspect A), and the on-site photograph (as to the defendant only was in marital fighting after the completion of his/her business, and did not reach the degree of interference with business;

However, in full view of each evidence in the ruling, the victim's business was terminated, such as the progress of the cooking work of some employees.

It cannot be seen that the Defendant’s act of installing a simple intrusion in the office and passing the offender’s sexual intercourse, etc. constitutes the exercise of force that may cause a person’s free will to control and confusion (see, e.g., Supreme Court Decision 2016Do21551, May 30, 2017) and constitutes an exercise of force that may cause a danger of interference with business (see, e.g., Supreme Court Decision 2016Do2151, May 30, 201). Thus, the application of statutes to the Defendant’s assertion

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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 provides that the filing amount of a request for summary order shall be determined based on all the factors such as the details and contents of the crime, the situation before and after the crime, the records of suspension of indictment at the same time, and the age and sexual conduct of the defendant.