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(영문) 부산지방법원 2012.08.13 2011고정5095

업무방해등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the Chairperson of the Incorporated Association EM Association (hereinafter “EM Association”) comprised of shop owners in the Seo-gu Seoul, Seo-gu, Busan, and the Victim F, the Chairperson of the “G Merchants Association (hereinafter “GMerchant”) newly established by some merchants in the said market,” and the Victim H, together with the aforesaid F, are those in charge of the establishment and operation of the said Association.

[2011 High Court Decision 5095]

1. On March 31, 201, from around 18:15 to 18:20, the Defendant, at the office of the “G Merchants Association” located in the said market, had the Defendant’s wife, I, the South-North of the Defendant, photograph the victim H, who was in charge of the business of registering the said office and the merchant association, and the said victim’s “whether there is why any person other than the merchant is going out of the office.” By force, the Defendant interfered with the said victim’s business by force.

2. On May 9, 201, from around 15:30 to 15:50 on May 9, 201, the Defendant: (a) removed a notice, notice attached to the wall; and (b) removed the notice; and (c) subsequently, obstructed the victim’s business by force by stating that “the poster was distorted in the width market.”

[2011 High Court Decision 5580]

3. From Jun. 28, 2011 to Aug. 10, 2011, the Defendant: (a) installed a corrective device in air conditioners to prevent the merchants of the first floor above the above market from using the heating and cooling system installed in the above market; and (b) installed six locations of electric power supply system to prevent them from using the heating and cooling system installed in the above market; and (c) obstructed the VictimJ’s operations, which operated the single house on the first floor of the above market by force, and operated the single house on the first floor.

Summary of Evidence

【Facts 1 and 2 at the market, 201 [No. 50840]

1. Each legal statement of the witness F and H [the facts set forth in subparagraph 3 at the time of the market, Form 64127, 201];

1. Each legal statement of the witness J, F and H;

1. Application of the Acts and subordinate statutes to photographs before the electric power distribution board in the D market;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The Criminal Act among concurrent crimes.