beta
(영문) 서울중앙지방법원 2013.08.21 2013고단3990

업무방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant thought that the Lee Dong-in left the Dormant Bank's Dormant Account in Korea, and in order to find this, the defendant filed a civil petition with various institutions, such as the Financial Supervisory Service, the Human Rights Commission, and the Cheongdae, but the civil petition is not resolved, the defendant was forced to call to the Embassy in Korea for a violation of human rights in order to cause a diplomatic solution.

around 01:00 on March 2, 2013, at the Defendant’s home of Yongsan-gu Seoul Metropolitan Government, calls (D) to the representative telephone (E) of the Embassy in Korea using the Internet telephone (D) and from that time until May 27, 2013, the Defendant repeated the act of infringing on human rights from the Republic of Korea by 139 times in total, including 17:49 times in the representative telephone of the said Embassy, from April 9, 2013 to May 24, 2013, from April 23:13, 2013 to May 24, 2013, from 2:139 to 03:03:03 on March 30, 2013 to 18:5 on May 24, 2013.

Accordingly, the Defendant interfered with the duties of the Embassy staff in Korea by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of details of telephone calls for suspects), investigation reports (G's hearing of statements, reporting, etc. on telephone calls);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Consideration of the suspended sentence);

1. Although a crime is not less severe in light of the reason, frequency, period, and degree of damage of sentencing under Article 62-2 of the Probation Criminal Act, the defendant does not constitute a crime with the intent to inflict any other harm on the Embassy, and it does not constitute a crime with the intention to inflict any other harm on the Embassy, and it is against the defendant's depth during the period of detention, there is no previous fault, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, etc.