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(영문) 인천지방법원 부천지원 2018.07.05 2018고정214
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the relationship between the lessor and the lessee with the victim C (45 years) with the two presses for painting machines.

On September 2017, the Defendant: (a) on September 2017, the Hacheon-si D 3, 301 E, 301, the Defendant appealed that the victim C did not pay the 6th anniversary of the 5th month rent; (b) obstructed the operation of 2 lines of the electric distribution board inside the factory with locks and lock the factory entrance, and prevented the victim from having access for 8 days.

Accordingly, the Defendant interfered with the victim's factory operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of a contract for goods processing entrustment, a detailed order, and a photograph of on-site damage to 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion made a warning that the victim will continue to pay a large amount of rent and maintain access control in advance. The defendant's act is justified as a legitimate act under the Criminal Act.

2. Determination of which act does not violate social norms, and the illegality of a certain act is excluded should be determined on an individual basis based on the following specific circumstances: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) supplementary nature that there is no other means or method than the act; and (v) supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2005Do8074, Apr. 27, 2006). In addition, in order to recognize such legitimate act, the act must meet the requirements of justification of the motive or purpose; (iv) reasonableness of the means or method

legal procedure;

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