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(영문) 서울중앙지방법원 2019.08.08 2019고정786
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

Criminal facts

On June 3, 2018, at around 20:46, the Defendant passed through the underground passage of the D building managed by the victim C, etc. located in Jung-gu Seoul, Jung-gu, Seoul, and the Defendant interfered with the management of the D building by deceptive means by allowing the victim, etc. to check the disaster prevention room, machinery room, etc. in order to ascertain the occurrence of a fire, and by allowing the victim, etc. to check the disaster prevention room and machinery room in order to identify the occurrence of a fire, if the alcohol dementia lacks the ability to discern things or make decisions due to the lack of ability to discern things due to alcohol dementia.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. C’s statement;

1. A criminal investigation report (on-site closed-circuit television images verification), or a photograph of a CCTV image to capture;

1. As a result of the MR test, the defense counsel asserts that the defendant, at the time of the instant case, had a pedestrian disorder due to the boom of the bones, and had no alcohol dementia. However, the defendant was aware of the fact that he did not use a deceptive scheme in order to obstruct the victim's work, with the intention of seeking to rescue the fire alarm device of this case from the ground level because he did not work on the ground level.

However, according to the evidence duly adopted and examined by this court, the fire alarmer by the defendant is not close to the Esplate installed in the underground passage of this case, but is installed at a very far away place (in a photograph, it seems to be far away from spherical length), and the disabled who is installed in the vicinity of the underpass stairs.

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