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(영문) 대전지방법원 2015.01.07 2014고정1335
업무방해
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 11:00 on April 8, 2014, the Defendant: (a) knew that the C University mid-to long-term lecture room in Daejeon is proceeding with the film society conference for 60 students from the victim G, a competitor of the E operated by the Defendant; (b) without permission, entered the above lecture room in front of the above person’s name and unsatisfy; (c) provided, “I am unsatfy” to the students who heard the briefing session; and (d) the Defendant provided, “I am unsatfys on the part of the students, I am out of the lecture room” to the students who heard the briefing session, stating, “I am unsatfy on the part of the students.”

Accordingly, the defendant, in collusion with and by force, interfered with the victim's duty of presentation to society by force.

2. On April 8, 2014, around 14:30 on April 14, 2014, the Defendant: (a) knew that the H University economics and the lecture room located in Daejeon; (b) the victim G, as described in paragraph (1), had the students of H University enter the city community conference with the awareness that he/she had concluded a business cooperation agreement on the part of the victim G as described in paragraph (1); and (c) without permission, he/she opened the above lecture room in front of the above lecture; and (d) told the students who had heard the presentation, “I need to hear from what he/she is. I will not come to the school. I will leave the lecture room; and (d) by force, the Defendant interfered with the student’s work of the victim’s social presentation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The CD;

1. Application of Acts and subordinate statutes of each business cooperation agreement;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act.

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