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(영문) 부산지방법원 2018.11.21 2018고단2347

업무방해등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant and B are married couple, and the owner of the 2nd floor building in the Yeongdeungpo-gu Busan Metropolitan City, and the victim D is a lessee who leases the 2nd floor of the above building and conducts business such as assembly of computers.

1. On September 7, 2017, at the victim’s office located in the Busan Young-gu, Busan Metropolitan City’s Young-do C2, the Defendant expressed the victim’s desire to “I do not have the satisfe, so I do not have the satch satfe, and do not have the satch satfe,” the victim’s bat, and the victim’s bat, and E could not perform the duties by avoiding disturbance, such as “I would not have the fatch satfe,” and “I would not have the fatch.”

Accordingly, the Defendant conspiredd to interfere with the victim's computer assembly by force.

2. In response to the refusal to leave, the Defendant entered the office managed by the Victim F on September 17, 2017, Busan Young-gu C2, Busan Young-do, and filed with E.

Even though the victim was requested to request the victim to take the disturbance by avoiding the disturbance on the ground of sound problems, it has been 20 minutes of the disturbance without complying with it.

As a result, the defendant conspired with E to refuse to comply with the request for withdrawal of the victim without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, D and G;

1. Investigation Report (Attachment of the CDA submitted by the complainant) (When considering the appearance of the Defendant expressed in the CCTV image when entering the factory, the witness’s statement is reliable, and the facts constituting the crime in the decision are found guilty in full view of these facts).

Application of Statutes

1. Articles 314(1) and 30 ( point of interference with business) of the Criminal Act, Article 319(2) and (1), and 30 ( point of refusing to withdraw) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who has committed any offense of interfering with heavier business);

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The summary of the facts charged.