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(영문) 서울북부지방법원 2018.08.17 2018고정412
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 28, 2017, around 04:20 on November 28, 2017, the Defendant entered the “D” PC operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government, and without any specific reason, destroyed and thrown off the customers and victims.

"A sound, etc.", approximately 20 minutes of the disturbance had customers go from the PC room.

Accordingly, the Defendant interfered with the victim's PC business by force.

Summary of Evidence

1. The respective legal statements of C and E;

1. Determination as to the legitimate defense of the application of the C’s written statement and the assertion of legitimate acts

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the background, method, process, and circumstances after the crime of this case acknowledged by the evidence duly adopted and examined by the court as to the defense of a political party or the assertion of a justifiable act under Article 334(1) of the Criminal Procedure Act, the Defendant’s act cannot be deemed as a legitimate defense or legitimate act.

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