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(영문) 서울중앙지방법원 2013.03.28 2012고정6749
컴퓨터등장애업무방해
Text

Defendants shall be punished by a fine of KRW 4,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

On February 22, 2012, the Defendants produced and supplied video files necessary for public performance to the victim F, a musical performance company, which is a musical performance company, with the victim F, which is a public performance company. From March 15, 2012, the victim, from March 15, 2012, performed a musical performance as “H” by using a computer using the video files at the second public performance hall in Jung-gu Seoul, Jung-gu, Seoul.

As the Defendants conspired to receive the cost of the production and supply of the above video files from the victim, the Defendants interfered with the victim’s musical performance by changing the establishment of CMOS of computer in which the above video files are stored at the performance hall of G 2 on April 7, 2012, and by removing SD hard disks from slots, thereby hindering the victim’s musical performance by preventing the progress of three musical performances, each of which was scheduled at 20:00 on the same day and 16:00 on the following day, and 20:00 on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and I;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to damaged articles, photographs, letters, pictures, contracts and PC lending contracts, and reports on results of digital evidence analysis given and received with suspects;

1. The Defendants: Article 314(2) and (1) of the Criminal Act; Articles 314(2) and (1) of the Criminal Act; the selection of fines

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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