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(영문) 대구지방법원 2020.6.4.선고 2020고단1257 판결
업무방해
Cases

200 Highest 1257 Interference with business

Defendant

1. Oral ○○ (71 -2.) and Company members;

Residential Gyeongsan City

Gyeongbuk-gu District in Reference domicile

2. Maximum○○ (67-2), Company Members;

Residential Gyeongsan City

Reference domicile Gyeong Young-gu District

Prosecutor

Park Jong-hwan (prosecution) and Kim Dong-dong (Trial)

Imposition of Judgment

d.6.4

Text

The Defendant shall be punished by a fine of KRW 3 million for hearing of the Defendant. Where the Defendant does not pay each of the above fines, the Defendant shall be confined in the Nowon Station for the period calculated by converting 100,000 won into one day. The Defendant shall be ordered to pay an amount equivalent to the above fine.

Reasons

Criminal History Office

1. At around 09:00 on February 19, 2020, Defendant ○○○ sent a false statement to the ○○○○, a mobile phone’s Kakakaox, stating that “The high hospital shuts down because of the fact that the Defendant ○○, the Defendant, ○○, was able to do so. Among them, one of them, he was closed at the present time at the same time. The Defendant sent a false statement to the effect that “The bath is 000.”

However, in fact, the above 000 did not have a son or a 19-salvists, and there was no fact that the said bath was closed.

Nevertheless, it spreads false facts such as Defendant A, thereby hindering the victim’s bath business.

2. 피고인 최 00 피고인 은 제 1 항 기재 일시, 장소에서 오00으로부터 제1항 기재 허위사실을 적시 한글 을 전송 받자 마자 ,피고인의 가족 9명이포함되어 있는 카카오톡 단체채팅방에 "경산에도 신천지 할매 가XXXX아파트 근처 0000목욕탕 다녀서 거기도 지금 문 닫았다 네요. " 라는 허위 사실 을게시하였다. 그러나 사실 위 0000에는 코로나19 확진자가 다녀간 사실이 없었고, 이에 따라 위 목욕탕 을 폐쇄 한 사실이 없었다.

Nevertheless, it spreads false facts such as Defendant A, thereby hindering the victim’s bath business.

Summary of Evidence

1. The defendant's each legal statement

1. Statement of the police statement on Kim ○-○;

1. Complaint;

1. Application of Acts and subordinate statutes to each investigation report;

1. Relevant Articles and 314 (1) and 313 of the Criminal Act are applicable to the accused who has been selected to commit a crime;

1. Invitation in a workhouse;

Defendant: each order of provisional payment under Articles 70(1) and 69(2)1 of the Criminal Act

Defendant: Article 334(1) of the Criminal Procedure Act

The reasons for sentencing are as follows: (a) in the situation where there is a rapid increase in the likelihood of the likelihood related to the Kacona 19 at the time of the crime of this case, it is difficult to say that in the case of hot spring to be used by a large number of people, it may seriously compromise the business. In addition, in the situation where the National Police Agency prior to the crime of this case notified the defendants through a news of the 'cro or 19 related fake news' policy, the Defendants were informed of the 'cro or 19 related fake news' policy, without hearing the horses of the people around the surrounding areas and confirming their authenticity, and without examining the authenticity, spreading false facts that the defendants were 00 Kakao Kao Kao Kao Kana 19 or 19 confirmed women, regardless of the motive, and the defendants' mistake in this court is against the law, and the victims were not punished, and the victim was not punished by the victim, the circumstances of the crime of this case, the character and conduct and other circumstances of the defendants.

Judges

Judges

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