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(영문) 서울중앙지방법원 2020.11.26 2020고정139
경범죄처벌법위반
Text

1. Defendant shall be punished by a fine of 200,000 won

2. The case where the defendant does not pay the above fine shall be 10.

Reasons

Punishment of the crime

No person shall interfere with the business of any third person, organization, or person performing official duties due to an unforeseen accident, etc.

Nevertheless, at around 11:17 September 20, 2019, the Defendant, in order to protect communications and electrical facilities on the wall surface of the C Station 1 line in Jung-gu Seoul Special Metropolitan City, Jung-gu, the Defendant: (a) laid down a simple mobile pents connected pents installed by the C Station 1 line service office in hand; (b) laid down a notice of prohibition of entry and exit from the floor; and (c) obstructed the work of protecting the facilities of C Station 1 line service personnel D.

Summary of Evidence

D Reports on internal investigation (case site visits, viewing of the D's statements, and checking CCTV images) in the written statement

1. Control note;

1. Determination as to the defendant's assertion of the scene photographing of the case, the entrance prohibition notice, and the case scene photograph

1. The above actions by the Defendant do not constitute an interference with his/her duties due to an injury or danger not set forth in Article 3(2)3 of the Punishment of Minor Offenses Act.

2. Article 3(2)3 of the Punishment of Minor Offenses Act provides that “a person who interferes with the business of another person, organization, or person performing official duties due to distress, etc.” shall be punished by a fine not exceeding 200,000 won. This provision is an example of an act interfering with the business, and the Criminal Act provides that “unfford, etc.” is “unfford, etc.” unlike interference with the business or obstruction of the performance of official duties, and where it is acknowledged that an act that falls under the constituent elements of the Criminal Act is relatively weak, such act may be applied widely

According to the evidence duly adopted and examined by this court, machinery and equipment such as communication and electricity are installed inside the corridor of the C Station 1 line in Jung-gu Seoul Special Metropolitan City, which is located in B, and in the C Station as there are many cases where ordinary homeless persons are sleep at the wall immediately under the wall, the purpose of protecting machinery and equipment is to protect them.

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