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Reasons
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(영문) 서울동부지방법원 2015.09.02 2015고정169
업무방해등
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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

1. On November 4, 2013, around 16:00, the Defendant was indicted by stating the victim E (n, 35 years old)’s age on the fourth floor of the building in Songpa-gu Seoul Metropolitan Government as “36 years old.” However, evidence clearly shows that the Defendant is “35 years old,” and even if correcting it ex officio, it does not interfere with the Defendant’s defense. Thus, the Defendant’s rectification ex officio is ex officio.

From the F’s operation F, the F’s explanation on the top of the unknown body in the face of G, the Defendant’s father, on the ground that it does not appear in mind, and the F’s explanation on the top of the unknown body does not appear in mind, was entered into a female childcare teacher and a paper-general living together with two male students, but the Prosecutor indicted by stating “CCTV image changed.” However, it was obvious that “CCTV video is changed” due to evidence, and even if it was corrected ex officio, it was not an obstacle to the Defendant’s right of defense. This was corrected ex officio, because it was obvious that “CCTV image is changed” and it was difficult to avoid disturbance, such as large sounds.

Accordingly, the Defendant interfered with the operation of the victim's kindergarten by force.

2. On November 5, 2013, the Defendant sent a text message to the said victim’s cell phone using the Defendant’s cell phone for the reason that the said victim’s attitude did not appear in mind even though the said victim intended to allow him to peruse the F CCTV data at the request of the Defendant, and threatened the victim by sending an text message “the victim’s cell phone, such as a control system, brupted so that the police fluor may do so.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness H in the court;

1. Entry of the defendant's part of the interrogation protocol of the second prosecutor's office into the defendant's statement and E;

1. Statement to E by the police;

1. A complaint (including attached data);

1. Recording notes;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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