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(영문) 창원지방법원 2015.07.15 2015고정270
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

A public prosecution against defamation of each of the facts charged in the instant case is instituted.

Reasons

Punishment of the crime

The defendant is a couple who reported the marriage on January 9, 2006 with the victim C, and is currently a divorce lawsuit.

At around 14:30 on September 12, 2014, the Defendant: (a) obstructed the operation of the victim’s company by force by avoiding disturbance for about 2 hours and 30 minutes; (b) by preventing the victim and his employees from doing work, the Defendant, on the ground that the victim did not pay out living expenses; and (c) caused the victim’s failure to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

2. Fine of 700,000 won to be suspended; and

3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the detention of a workhouse.

4. The part concerning the rejection of prosecution under Article 59(1) of the Criminal Act (it shall be without the history of criminal punishment by the defendant, and the victim does not want the punishment by the defendant, the circumstances in this case, circumstances after the crime, etc.

1. The summary of this part of the facts charged is the victim C and the husband and wife who reported the marriage on January 9, 2006, who are currently in a divorce lawsuit.

On September 3, 2014, the Defendant called “C is liable for tax evasion,” as a director in charge of the purchase of the said company, who is a customer of the D Co., Ltd. operated by the victim via a cell phone at the Bupyeong-dong, Kim Jong-dong, Kim Jong-si on September 3, 2014, thereby impairing the reputation of the victim by openly pointing out facts.

B. On September 12, 2014, the Defendant’s defamation around Sep. 12, 2014, at around 14:30 on September 14, 2014, at the D Co., Ltd. office operated by the victim in Kimhae-si, and at the place where four employees, such as F, are located.

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