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(영문) 창원지방법원 마산지원 2015.09.09 2015고정204
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 May 8, 2014, the Defendant knew that the contact information received from the victim was different from the fact from the date when the victim was faced with the victim C around 14:00 on July 8, 2014, the Defendant found in the E market No. 60 operated by the victim in Changwon-si, Changwon-si, Masan-si, and took a bath to “the same year of opening, bridge balk balk,” and interfered with the victim’s main business by force over about 14:30 minutes of the same day by 14:30 minutes of the same day.

Summary of Evidence

1. Each legal statement of witness C, F, G, and H;

1. Application of C of the protocol of interrogation of the accused prepared by the police as stated in C;

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. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that even if the defendant had placed a victim at a meeting of the victim's ordinary meeting and expressed a little desire for the victim, this constitutes a justifiable act that does not violate the social rules by taking the victim's dives to receive payment of damages.

However, according to the above evidence, the defendant's above crime cannot be deemed to have satisfied "the reasonableness of the means or method of action", which is a legitimate act, and it cannot be deemed to have been an urgent and inevitable means. Thus, the defendant and the defense counsel's assertion is rejected.

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