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(영문) 서울서부지방법원 2021.01.14 2020노998
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was divided by G, a director of the Dongdaemun-gu Council in the facts charged (hereinafter “the East-gu Council”), and did not have any intention or awareness to interfere with the victim’s performance of duties; and (b) did not have any intention or awareness to interfere with the victim’s performance.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, brought the Defendant’s separation of the computer hard disks of the office of the same case through G, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of fact. Such act constitutes “the damage to the information processing unit, such as a computer (see Supreme Court Decision 2011Do7943, May 24, 2012)” under Article 314(2) of the Criminal Act; ② the above hard disc contains membership information necessary for the operation of the same group; ② the data such as the information on the members’ information, such doorbook address records; ③ the Defendant did not separate the hard disc from the hard disc itself to re-work before the instant case; ③ at the time, the Defendant had conflict with the Defendant’s retirement allowance and cost payment between the Defendant and the entire door disc at the time of the instant request for return of the victim without delay; and ④ the Defendant did not interfere with the Defendant’s entire information processing unit’s use of the instant computer.

full recognition may be accepted.

The judgment of the court below which found the defendant guilty is just, and there is an error of mistake as alleged by the defendant.

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