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(영문) 서울중앙지방법원 2020.09.24 2020고정886
업무방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 31, 2020, the Defendant: (a) around 21:22, at the C parking lot located in Gwanak-gu in Seoul Special Metropolitan City on January 31, 2020, placed the victim D (75 years of age) who is parking managers and parking fees; (b) left the parking lot, left the vehicle of the Defendant while leaving the vehicle for about 30 minutes, and obstructed parking management, such as the victim’s access to the vehicle by force.

Summary of Evidence

1. A witness D legal statement;

1. Written statements of D;

1. Reporting on occurrence of a disaster;

1. On-the-spot photographs of the case [the defendant denies the crime, but the defendant tried to do not settle the parking fees and asked the parking manager D to cut off the parking fees, and then requested the defendant to set the parking fees. Accordingly, the defendant refused to settle the parking fees and left the vehicle before the break-off of the parking lot entrance, and it is recognized that there was an obstacle to parking management, such as going back to the vehicle after the break-out of the vehicle and going out of the vehicle, and going back to the vehicle after the break-out of the parking lot entrance, etc., and eventually, it is determined that the defendant interfered with parking management by force.] The application of the law

1. Article 314 (1) of the Criminal Act applicable to the crimes;

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

1. The sentencing conditions stipulated in Article 51 of the Criminal Procedure Act, including the defendant's age, character and conduct, environment, motive and result of the crime, the circumstances after the crime, etc., of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, shall be determined as the same as

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