(영문) 인천지방법원 2018.06.29 2017고정2791

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.06.29 2017고정2791

업무방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the incidental of D, the residents of the redevelopment area, and the victim E is the president of the redevelopment area.

On July 28, 2017, at around 14:00, the Defendant: (a) obstructed the business affairs related to redevelopment of the victim by force for about 10 minutes, by neglecting the victim’s flaps; (b) making an administrative vicarious execution without giving notice to the Defendant; (c) flapsing the victim’s flaps; and (d) flapsing the flaps; and (c) flapsing the flaps; and (d) obstructing the business affairs related to redevelopment of the victim’s flaps by force.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Photographss and respective CDs by cutting down the course of a course;

1. The defendant and his defense counsel asserted that the act of the defendant is not a threat to the degree of interference with business, but a legitimate act that does not go against social norms even if it constitutes force, and thus, illegality is excluded.

In the crime of interference with the performance of duties, the term “power” refers to any force that may lead to suppression and confusion of a person’s free will. According to the evidence above, the Defendant’s act cannot be deemed a justifiable act that does not violate the social rules, even if considering the circumstance that the Defendant’s act constitutes a force of interference with the performance of duties in light of the method and degree thereof, and that the Defendant visited the said office to make a claim related to redevelopment duties, as stated in the facts constituting a crime in the judgment in the process of demanding vicarious execution.

Therefore, the defendant and defense counsel's assertion is without merit.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of 700,000 won to be suspended;

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

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제314조 제1항

유사 판례

-서울중앙지방법원 2016.06.09 2016노532

-대구지방법원 2018.10.18 2018노1275

-수원지방법원 안산지원 2018.01.23 2017고정814

-수원지방법원 2016.05.13 2015노6050

-의정부지방법원 2018.01.17 2017노2517