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(영문) 서울중앙지방법원 2016.08.31 2016고정2197
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On January 15, 2016, the Defendant: (a) at around 13:00 on January 15, 2016, at Jongno-gu Seoul and D offices operated by the victim C, the Defendant was in charge of the registration of transfer of ownership to the victim upon introduction by the victim.

The E-certified judicial scrivener's office's cancellation of the affairs entrusted to him/her because he/she did not believe, and the request for the search of related documents was made to him/her, and it was made so that he/she will not accept it, and thus, it interfered with the victim's official affairs by force for about four hours.

2. On January 16, 2016, the Defendant obstructed the victim’s authorized broker’s work by force for about six hours by avoiding disturbance, such as receiving a return of the documents that he/she was in charge of the said E judicial scrivener office from around 10:00 on January 16, 2016, and disclosing personal information to the victim, and making the documents file stored on his/her book and being kept a large sound.

3. On January 18, 2016, the Defendant who interfered with his/her duties does not leave the registration affairs of the real estate ownership in the D office described in paragraph (1) around 14:00 on January 18, 2016 to the F judicial scrivener office known to the Defendant.

In addition, it interfered with the above authorized brokerage business of the injured party by force for about 3 hours by avoiding disturbance, such as putting him/her on a large scale, and making him/her up with such disturbance, thereby interfering with the above authorized brokerage business of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement prepared G, H and I;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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