logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.07.15 2014고정409
업무방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From March 22, 2010 to August 22, 2011, the Defendant operated the “Epier” from D’s comprehensive store located in Dobong-gu Seoul Metropolitan Government, thereby working as the president of the said Commercial Building Tractor Committee.

On July 25, 2013, the Defendant: (a) around 20:00, the F, etc., appointed as the president of the new prosperity committee at the office of the said shopping mall; (b) on March 22, 2010, the Defendant received a request from the head of the Labor Relations Office to return the identification number certificate (G) of the prosperity committee from the F, etc., which was issued under the name of the Defendant from the head of the Labor Relations Office as of March 22, 2010; (c) on the ground that “only the name of the president is changed; and (d) did not return the identification number certificate; and (e) made it impossible to change the name of the representative on the identification number certificate; (c) thereby, the Defendant interfere with the business

Summary of Evidence

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

1. Partial statement of each police interrogation protocol against the accused;

1. Minutes;

1. Content certification;

1. Guidance on the report of correction of identification numbers;

1. Application of Acts and subordinate statutes to notify the result of reporting correction of identification numbers;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defense counsel asserts that the defendant's act does not constitute "defensive force" in the crime of interference with business and did not interfere with business.

In the crime of interference with business, the term “comfort force” includes not only assault and intimidation, but also pressure based on social, economic, and political status and right rates, with all tangible and intangible forces capable of suppressing and mixing a person’s free will (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007).

arrow