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(영문) 수원지방법원 안산지원 2018.01.23 2017고정814
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant was a person who was in charge of cleaning at the building of the apartment building in Ansan-si, Dong-gu, Seoul Metropolitan City from July 1, 2016 to March 1, 2017, and the victim E is the head of the building of the commercial building in question.

피고인은 2017년 3 월경 위 상가 청소 업무를 더 이상 하지 못하게 된 것에 대하여 피해자에게 앙심을 품고 있던 중, 2017. 5. 1. 14:20 경 위 상가 1 층에 있는 피해 자가 운영하는 ‘F 부동산 ’에 찾아 가, 부동산 내에 손님이 있음에도 불구하고 피해자를 향해 “ 내가 유리창을 깬 적 없는데 왜 유리창을 깼다고

whether or not.

“Along with the great sound, the disturbance between about 20 minutes was avoided, and by force interfered with the operation of the real estate office of the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on reports on occurrence of accidents;

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 of the Provisional Payment Order (the defendant and his defense counsel did not have customers in the real estate office at the first time, and they did not have any sound enough to constitute a threat of force, and there was no intention to obstruct the business;

Secondly, even if it falls under the requirement of the obstruction of business, it is argued that it constitutes a justifiable act because it does not go against the social rules in light of the circumstances.

However, according to the evidence of the judgment, the defendant was a guest as shown in the judgment at the time, and the defendant, however, found in the real estate office operated by the injured party to send a letter that the injured party fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the victim

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