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(영문) 서울남부지방법원 2017.11.09 2017고단4232
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to one year in Seoul Southern District Court for interference with business affairs and completed the execution of the sentence in the Chungcheong House on May 20, 2014.

【Defendant C is a person who established “D” around April 2004 while escapeing from North Korea on or around February 24, 2007 and living in the Republic of Korea, and is proceeding with radio broadcasting related to North Korea. The Defendant, who escaped from North Korea on or around April 24, 2007, became aware of the victim’s escape from North Korea, and unilaterally demanded to exchange with South Korea and attempted to access the victim.

1. Around April 11, 2017, the Defendant in violation of the Punishment of Minor Offenses Act found in the “D” office located in Gangseo-gu Seoul Metropolitan Government E Building 201, and repeated the act of demanding an interview or debate by seeking access on five occasions in total against the victim’s explicit intent, such as the written list of crimes, from May 15, 2017.

2. Around 08:10 on May 15, 2017, the Defendant: (a) found in the foregoing “D” office; (b) sounded “C representative,” and repeatedly enjoyed the primary figures of the office, and interfered with the Defendant’s failure to conduct business, such as recording and editing of broadcasts by the employees of broadcasting stations including the victim C, including the victim C, for about one hour during which the office entrance was set up several times; and (c) interfered with the Defendant’s failure to perform business, such as recording and editing of broadcasts by the employees of broadcasting stations including the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement;

1. An explanatory note for each control;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and criminal investigation reports (attached to a judgment, etc.);

1. Article 3(1)41 of the Punishment of Minor Offenses Act (in the case of continuous harassment, choice of fines) and Article 314 of the Criminal Act concerning the crime.

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