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(영문) 제주지방법원 2019.10.23 2019고단199
업무방해등
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendants are married couple, who moved into a house built by the victim D in Seopo-si, Seopo-si, 2016, and the victim D is a person who constructs 23 bonds and sells them to the Franpo-si, Seopo-si, the Franpo-si.

The Defendants, on the ground that the victim did not perform the repair work and the construction work as agreed, had the victim perform the said construction work and had the victim look at another house in the vicinity of the said house to inform of the above fact. From February 20, 2018 to May 24, 2018, the Defendants, on the outside wall of the Defendants’ house located in Seopo-si C, Seopo-si, “E and contractor, left the end work promised, and caused mental and material damage for two years. The Defendants, “E and contractor, leaving the end work promised,” and going through the provisional attachment, E, i.e., the contractor, who carried out each promise, set up a banner stating the phrase “the third person who carried out another house near the said house, i.e., the third person who carried out the said promise, sent it to him, thereby impairing the victim’s reputation by openly pointing out the fact that the sales work of the said house is obstructed at the same time, and impairing the victim’s reputation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (flacards, etc.);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 314(1), 307(1), and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

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

1. Determination as to the Defendants and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The expression “a person who does not indicate the victim D” and “a person who leads to provisional seizure” is deemed to impair his honor.

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