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(영문) 부산지방법원 서부지원 2020.06.24 2020고단557
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the family owner, and the victim Bmarket merchants' association (the president C) is 870 persons who engage in funeral services in the "B market" located in the "B market located in Busan Northern-gu, and there is no probability of being infected with viruses 19 viruss among the members of the B market Association.

Around 17:05 on February 23, 2020, the Defendant posted a notice on the Kabbook bulletin board stating that “10 people who had been able to find out in the B market,” which read, “I am 10 people who had been able to find out in the B market,” which read, “I am me to see that I am am me to am. I am see. B market location.”

Accordingly, the defendant spreads false facts and interfered with the victims' operation work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s accusation;

1. Investigation report (as to the current B market conditions);

1. Application of the car page statute;

1. Articles 314 (1) and 313 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to cause national anxiety because of the rapid increase of carrona 19 virus infections. The defendant posted and spreads false facts to the effect that "the defendant has taken place in the B market with high radio wave" in the Internet space with strong radio wave without any confirmation as to the authenticity of the speech by others, and even if considering the fact that there is no bad faith in the motive, the crime of this case is not easy.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant expressed his intention to commit the crime directly in the B market on the side of the B market, and the member of the B market merchant's association, which is the complainant, has reached this court, wanted "the defendant and the defendant through the revocation of accusation."

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