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(영문) 서울중앙지방법원 2015.08.18 2015고정2280
업무방해
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 20, 2014, around 00:10 on December 20, 2014, the Defendant interfered with the business of the victim E (the 49-year-old-old-old-old-old-old-gu Seoul Special Metropolitan City) by force, such as refundinging the drinking to the victim E (the 49-year-old-old-old-old-old-old-old-old-old-old-

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act that does not deviate from the social norms and thus, illegality should be avoided.

"Acts which do not violate social rules" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order, or the social ethics or social norms, as well as acts which do not violate social rules, and which act is justified and thus, the illegality of which act is excluded should be determined individually and reasonably under specific circumstances. Thus, in order to recognize such legitimate acts, the following requirements should be met: legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the third protected interests and infringed interests, fourth urgency, and fifth supplementary nature that there is no other means or method other than the act.

According to each evidence in the judgment of the court below (see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). The defendant interfered with the business of the victim by force, such as drinking alcohol, returning won only to the victim and passing sound. The above argument is without merit.

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