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(영문) 서울중앙지방법원 2015.07.15 2015고정2220
업무방해교사등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 08:00 on February 17, 2015, the Defendant: (a) had a commercial security guard F enter into the clothing sales store in Jung-gu Seoul Metropolitan Government, Da 16, Da 16, with a price mark in a rectangular shape attached to the clothes sold by the victim E, and caused the business to be carried on by the victim E, on the ground that the business was in violation of the commercial rules, thereby allowing the FF to intrude into the above time and place of the victim’s operation into the clothing sales store in order to prevent the victim’s clothes sales store and interfere with the victim’s clothes sales business.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Examination of the part of teachers interfering with business and business;

1. Photographs taken from CCTV recording data to the scene of the crime;

1. Application of the statutes on the copy of the commercial association;

1. Article 319 (1), Article 31, Article 31, Article 314 (1), and Article 31 of the Criminal Act concerning the crime, the choice of a fine for the crime, the choice of a fine;

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. According to the evidence of the judgment on the Defendant’s assertion of justifiable act under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is recognized that the victim asserts that the Defendant’s representative B is not a member of the 1st floor D Operation Association, but a member of the 1st floor G Merchants Association, and that B is difficult to find an explicit provision regulating the act of indicating the victim E’s price in the “management and disciplinary regulations” delegated by the rules of the 1st floor D Operation Association, and that the Defendant did not warn the victim to remove the price indication in advance.

In light of this, the criminal facts of the defendant meet the requirements such as reasonableness of means and methods, proportionality of legal interests and legal interests, urgency, etc.

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