(영문) 청주지방법원 2018.10.04 2018고정419

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(영문) 청주지방법원 2018.10.04 2018고정419

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 11:00 on June 10, 2017, the Defendant found the Defendant at the “C Facility located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, to be notified of the termination of three months of the period of free housing support for the self-support of the homeless,” and requested a private person D (the age of 43) who works at the place to extend housing support for three months, but did not enter into a public book, on the ground that the Defendant did not enter into a public book.

The victim's social welfare affairs were obstructed by force over about 90 minutes, such as the failure to request an audit and inspection.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Statement made by the police against D;

1. A written statement (the defendant and his defense counsel are the most voice of the defendant, and the victim does not reply to the defendant's legitimate civil petition, and whether there is a difference between the defendant and the defendant's defense counsel in his/her own voice and the defendant's defense counsel.

Whether or not to ignore the date

The defendant's act cannot be seen as an obstruction of business, since the victim merely stated it as good, and the victim misunderstanding the intent of the defendant, and the civil petitioner's civil petition is required within the scope of business that the victim ought to take, and the victim's act cannot be seen as an obstruction of business.

In light of the following, the evidence duly adopted and examined by the victim D and E’s legal statement is consistent and specific, and there is no other motive for the above witness to gather the defendant in a false manner, etc., it can be sufficiently recognized that the defendant interfered with the victim’s business by sound over about 90 minutes in the place indicated in the judgment of the court, such as taking a bath and taking a walk, and neglecting his/her behavior, and it cannot be seen that the defendant’s act goes beyond the scope of a legitimate civil petition or a claim, and thus is socially reasonable.

Therefore, the above argument shall not be accepted in its entirety).

1. Relevant provisions of the Act concerning facts constituting an offense;

유사 판례

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