업무방해
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Around August 2013, the Defendant interfered with the operation of the victim’s kindergarten by force by altering the password of the above kindergarten entrance, and installing the closures of the above kindergarten entrance, upon the occurrence of a legal dispute between the victim E and the operator of the above kindergarten, who is the lessee and operator of the above kindergarten, due to the payment of rent.
Summary of Evidence
1. Legal statement to the effect that a password has been changed as recorded in the judgment of the defendant;
1. Legal statement of witness E;
1. Partial statement of the witness F in the court;
1. Indicating some of the first police suspect examination protocol against the accused;
1. Application of Acts and subordinate statutes of a standard contract for joint operation and a letter of agreement;
1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant did not change the password and that even if the defendant changed or installed the password, it does not constitute a crime because it is a legitimate self-defense or legitimate act.
In light of the following circumstances revealed by each evidence of the judgment, namely, that the defendant recognized the fact that the password was changed during the interrogation process on September 30, 2013; that the defendant appears to have made a statement without accuracy of memory about the change of the witness F password; and that the defendant's status and the relation between the defendant and the F, and the process of the change of the course, it is reasonable to deem that the defendant installed a caps and changed the password.
In addition, when the victim is operating a kindergarten under a contract between the defendant and the defendant, the same act as the criminal facts of the defendant who did not go through legitimate legal procedures is prescribed by law.