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(영문) 서울중앙지방법원 2019.02.13 2018고정2579
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

On August 10, 2018, the Defendant: (a) around 09:00 on August 10, 2018, the Defendant interfered with the victim’s business by force due to force for about 12 minutes and over a period of 12 minutes on the front of the D1 ton of cargo vehicles of the victim seeking to start to repair air conditioners on the street of Gangnam-gu Seoul Metropolitan Government (53 years of age) on the ground that the Victim C (53) was not

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement [The defendant and his defense counsel claim that the defendant's act in this case constitutes a justifiable act permitted under the social norms, but the mere fact of such claim alone does not necessarily mean that the defendant's act constitutes a reasonable act that does not violate the social norms. Thus, the defendant's act does not constitute a justifiable act that does not violate the social norms]; the application of statutes.

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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