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(영문) 서울동부지방법원 2017.02.07 2015고정1930
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 09:30 on September 25, 2015, the Defendant found the case at the office of Gangdong-gu Seoul E2 Law Firm, Gangdong-gu, Seoul, and in 2006, obstructed the affairs of the attorney-at-law's office of the victimized person by force for about 30 minutes by keeping the victim I (33 years of age, female) who is an employee of the above office without permission using a general telephone inside the office, using the above office without permission. In this regard, the Defendant interfered with the affairs of the attorney-at-law's office of the victimized person by force for about 30 minutes without going to the above second floor office.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of I, G and H;

1. Application of Acts and subordinate statutes on police statements made to I;

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. The Defendant’s assertion under Article 334(1) of the Criminal Procedure Act asserts that the crime was committed at the time and place recorded in the judgment of the lower court, and that the crime did not constitute a crime of interference with business since it does not constitute a force to suppress the victim’s free will.

The term "power of force" means any force that may suppress or cause confusion with the freedom of the will of a person, including assault and intimidation, as well as pressure by social, economic, political status and competence that do not reach the point of time.

In addition, it is not necessary that the intention of the victim's freedom has been pressed or that the result of interference with business has actually occurred.

Therefore, the act of obstructing the business in the place of business is a threat of force in the crime of interference with the business, and the result that the business is interfered with.

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