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(영문) 서울중앙지방법원 2018.02.07 2017고정3098
업무방해등
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the chairperson of E, Defendant B is the head of F Headquarters, Defendant C is a person who is working for the chairperson of the G Council.

1. On June 14, 2017, at around 16:40, the Defendants jointly committed the crime of interference with the Defendants’ duties, following the following: (a) attending the L debate held by the KW (50 years old) of the Defendant, the president in Jung-gu Seoul, Seoul, and the organization that committed an act violating the establishment of a trade union, was present at the forum; (b) Defendant A is free from standing in the book, and Defendant B is free from speaking at the panel; (c) Defendant B is free from speaking “this debate is an illegal debate”; and (d) Defendant C interferes with the affairs of holding the forum of the victimized party by force by avoiding a small amount of disturbance that is about 20 minutes.

2. Defendant C’s damage to property was destroyed by gathering a name tag at the time, place, etc. set forth in the above paragraph (1) and destroying a name tag equivalent to KRW 2,310 at the market price.

Summary of Evidence

1. The legal statement of K Witness;

1. Statement made by the prosecution and the police with regard to K;

1. A criminal report (investigation of personal phones photographs), CD;

1. Application of Acts and subordinate statutes concerning a report on investigation (related to submission of a written estimate) and a written estimate;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendants: Articles 314(1) and 30 of the Criminal Act (a)

B. Defendant C: Article 366 of the Criminal Act ( point of damage to property and choice of fine)

1. Defendant C whose concurrent crimes are aggravated: the former part of Article 37 of the Criminal Act, and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged in this part of the facts charged was damaged by Defendant A, around 16:40 on June 14, 2017, at around 115,000, by breaking up the books within the I located in H in Jung-gu Seoul Metropolitan Government.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, video images taken at the time of the recording:

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