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(영문) 수원지방법원 안산지원 2016.05.26 2014고정53

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who has leased 16 commercial buildings on the first floor of a complex building in the militaryposi, 'D' in the militaryposi, 'D'.

On August 23, 2013, at around 14:00, the Defendant: (a) set up one lock in the electric distribution system installed on the first floor of the above shopping mall on the ground that the Defendant had not been able to repair the above shopping mall on the grounds that the Defendant had failed to pay the management expenses; and (b) obstructed the victim E by force from the failure to perform the electric distribution system and the electric measurement management business of the above shopping mall conference, the president of which is the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness E and F in the third public trial records;

1. Application of Acts and subordinate statutes to the internal photographs (No. 2), and external photographs (No. 3) of a pot box;

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. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, asserts that the defendant's act constitutes a political party's act aimed at preventing unfair short circuit measures at the shopping mall, or a political party's defense.

Whether a certain act constitutes a legitimate act that does not contravene social norms and thus, should be reasonably and reasonably determined in light of specific circumstances. To recognize such a legitimate act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the interests of protection and the interests of infringement, urgency, and supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003). In order to establish a legitimate defense under Article 21 of the Criminal Act, all the specific elements such as the type, degree, method of infringement, and the degree of legal interest to be infringed by the act of infringement and the kind and degree of defense.