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(영문) 부산지방법원 2018.02.20 2016고정3984

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant, from May 23, 2015 to October 2015, 2015, was a person who transferred “D’s singing room” located in Busan Jung-gu and 1st underground floor to E from the victim’s first time.

1. On December 10, 2015, the Defendant: (a) obstructed the business of the Defendant: (b) prevented customers from having access to the instant singing room from opening the door of the said singing room from around 13:00 to December 21, 2015, on the ground that he/she was unable to receive a sub-lease deposit from the damaged party.

Accordingly, the Defendant interfered with the singing operation of the victimized person by force.

2. On December 21, 2015, the Defendant concealed the victim’s 400,000 won and approximately 40,000 Sings in each of the above D’s market price owned by the victim for the said reasons at the above D’s singing room, and concealed the victim’s 8 Sing room and approximately 40,000 Sing room to the outside of the singing warehouse and the emergency exit.

Summary of Evidence

1. The defendant's partial statement (paragraph 1 of the holding), legal statement (paragraph 2 of the holding);

1. A protocol concerning the examination of the suspect against the accused by the prosecution (Article 1 of the Judgment);

1. Application of Acts and subordinate statutes to report on investigation (place of occurrence and confirmation of damaged goods);

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;