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(영문) 부산지방법원 서부지원 2021.01.22 2020고단947
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 operating the “D driving school” in Busan Gangseo-gu B building C, and the victim E was a school lecturer who leased the fourth lecture room from the Defendant, and the Defendant and the victim were in dispute due to the payment of rent.

From November 26, 2019 to November 18:0, 2019, the Defendant: (a) installed a counter at the entrance of the said 4 lecture room and prevented the injured party from having access to the said lecture room.

Accordingly, the Defendant interfered with the preparation of the victim's lectures by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act and subordinate statutes of a record recording recording recording of the investigation of part of the testimony of witness E, F and G by each legal witness H (in relation to motive for crime) in the court;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 regarding the assertion of a defendant and his/her defense counsel, "business" subject to protection under the Criminal Act regarding an argument by the defendant and his/her defense counsel is an occupation or continuous engaged in a business, which is worth protecting from harm caused by an unlawful act by another person. Since such business is not necessarily necessary to be lawful or effective, it is determined depending on whether the business is a legally worthy of protection. Whether the business is a business is a legally worthy of protection is substantially peaceful and is determined depending on whether the business becomes a foundation for social activities. Even if there are substantive or procedural defects in the process of commencement or performance of the business, the degree is so far as the business has no choice but to undergo evaluation equivalent thereto in terms of social life or legal protection (see, e.g., Supreme Court Decision 2013Do9828, Apr. 23, 2015).

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