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(영문) 의정부지방법원 고양지원 2017.03.09 2016고정1025
업무방해
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

The defendant is the owner of a part of the building area in Yeongdeungpo-gu Seoul Metropolitan Government, and is the director of D in-house corporation who was the joint manager of the above building.

On August 25, 2014, at around 13:00, the Defendant placed the chair in the 1st floor gate of the building C in the above C at around 13:00 above, on the part of the security guards belonging to the management unit of the building C in the victim C, above the direction strings on which the security guards are working. The Defendant sit in the place with the chair he had and used half of the shares of the building.

For about 30 minutes, the victim’s security service was obstructed by force by avoiding disturbance for about 30 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the prosecution against E;

1. Statement of the police statement related to G;

1. The present CCTV photographs and CCTV video files (the defendant and his defense counsel stated in the facts charged to recover the state of illegal possession of the victim, and thus, they claim to the effect that the illegality should be avoided as a legitimate act.

However, in light of the background and process of the Defendant’s act, situation at the time, contents and method of the Defendant’s act, etc., which can be seen by the above evidence, the Defendant’s act cannot be deemed as reasonable, and urgency and supplement cannot be recognized. Thus, it cannot be deemed as a justifiable act under Article 20 of the Criminal Act, and illegality cannot be excluded.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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