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(영문) 서울서부지방법원 2021.01.11 2020고정1013
업무방해
Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

B shall be punished by a fine of 300,000 won.

Defendant

B above.

Reasons

Punishment of the crime

The defendants are security guards belonging to the Dispute Resolution Co., Ltd. and victims D(78) are security guards belonging to the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd is in dispute in relation to the F building security contract in Mapo-gu Seoul.

At around 00:10 on January 1, 2020, the Defendants prevented the victim from entering the guard guard room where the victim had been in office by visiting the representative of the “F building” and the director of the management office of the Dispute Resolution Co., Ltd., and again entering the guard room.

Accordingly, the Defendants interfered with the victim's guard duty by force.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. A protocol concerning the examination of each police officer against G, H, I, and J;

1. Statement made to K in the police statement;

1. The defendant Gap's defense counsel stated that he did not exercise "power" in the crime of interference with business and did not use his defense or intentionally fall under the crime of interference with business because he did not use his own defense, but the video at the time did not fall under the crime of interference with business. However, in light of the video at the time, the defendant did not take action such as attaching the victim's arms to the plaintiff's portrait and the defendant's arms to the plaintiff's portrait, and the investigation report (the civil judgment submitted by the defendant L, the plaintiff's defense counsel) (the defendant's defense counsel). The defendant's defense counsel did not block the defendant's plaintiff's plaintiff's plaintiff's act at the time of the defendant's speech and the defendant's act, and it can be sufficiently recognized that the defendant's act was done by force to prevent the victim from entering the plaintiff's portrait.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 314 (1) of the Criminal Act that choose a penalty, and the choice of fines;

1. Punishment to be suspended: Defendant A’s fine of 300,000 won;

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

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