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(영문) 서울남부지방법원 2017.07.13 2016고정2718
업무방해
Text

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

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

Reasons

Punishment of the crime

around 11:00 on March 4, 2016, the Defendant attended the next meeting of the board of directors of the same school foundation No. 14-47 held in the office of the secretariat of the D Institute of Private Teaching Institutes for the second floor of the C University in Gangseo-gu Seoul, Gangseo-gu, Seoul, to E (75 years) who is the chief director at the same meeting of the board of directors on the ground that he/she does not preferentially appoint an open director at the meeting of the board of directors.

B. The Doz. shall be no longer than 100 Doz.

D. The issue of female is likely to be widened at home or well-known, “Absing verbal abuse, such as, and by force over about 2 hours and 30 minutes, interfered with the progress of the board of directors of the said victimized corporation.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. Application of the Act and subordinate statutes at the time of occurrence of interference with business by a suspect A, images of video CDs;

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. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act regarding the crime of this case by the Defendant’s defense counsel, the Defendant’s defense counsel sent his intent through lawful act of interfering with the unlawful act of the board of directors’ resolution and lawful proceedings. The Defendant asserted to the effect that the act of this case constitutes a legitimate act, inasmuch as the Defendant did not cause serious harm to others beyond the scope of achievement of purpose at the site of this case, beyond the scope of achievement of purpose, and thus, constitutes an unlawful act. However, in light of the motive and circumstance of the crime of this case, and the process and circumstances after the crime, etc. acknowledged by the evidence adopted earlier, the Defendant’s act cannot be deemed as a justifiable act, and thus

The acquittal portion

1. The summary of the facts charged is the victim of the second floor of the C University established in Gangseo-gu Seoul Metropolitan Government around 11:00 on March 4, 2016.

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