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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 20, 2019, from around October 20, 2019 to around October 4, 2010 of the same year, the Defendant obstructed the victim’s business by force by installing a steel fence at the entrance of the victim’s shop and making it difficult for the victim to enter the entrance, on the ground that the victim left the entrance leading up to the second floor of the Defendant’s building while conducting funeral services.
Summary of Evidence
C, E and F’s written statement statement investigation report (on-site photographs, field investigations, etc.) on each of the legal statements C and F [the installation of a steel fence with a view to making it difficult for the Defendant to enter the entrance of the victim’s stores constitutes force of interference with business by suppressing and mixing a person’s free will. Even if the Defendant had the purpose of obstructing the Defendant’s free passage by installing a gate, etc. at the entrance of the Defendant’s building, it is difficult to view that the Defendant’s use of a steel fence to make it difficult for the Defendant to enter the victim’s upper right by installing the gate as above constitutes a legitimate act or self-defense because it does not meet the requirements of reasonableness, urgency, and supplement of means or methods, and thus, constitutes legitimate act
1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerable; the period in which the defendant installed the pentice; the victim's inconvenience was found to occur; however, the victim is likely to have trouble in running his business. However, considering the fact that this case occurred by piling the goods at the defendant's entrance, the defendant removed the pentice and the primary offender, the punishment is determined as per the order.