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(영문) 서울남부지방법원 2013.08.21 2012고단4087

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of the (ju) E- shopping center (hereinafter referred to as the “E”) that manages the D Building in Yeongdeungpo-gu Seoul Metropolitan Government.

1. Interference with business;

A. On April 13, 2012, at the office of the above building management body around 12:00, the Defendant obstructed the victim’s restaurant business by force by blocking electricity entering the above restaurant for about five days from that time to April 17, 2012, on the ground that the victim G operating the Chinese restaurant would disclose the details on the use of management expenses, etc., in the name of “F” from the second floor of the building to the second floor of the building.

B. At around 11:00 on April 30, 2012, the Defendant obstructed the victim’s restaurant business by force by blocking electricity for about 4 days from that time to May 3, 2012, including that, at the office of the management body of the above building, the Defendant obstructed the victim’s restaurant business by force.

2. Damage to property;

A. The defendant 1-A

At the time, place, as mentioned above, the victim G's electricity entered into the restaurant is prevented, and the sum of the market value of food materials, such as red scarws and active scarbs, which had been kept in the restaurant coolant, was damaged by the victim's property.

B. The defendant 1-B

At the time, place, as mentioned above, the victim G's electricity entered into the restaurant is prevented, and the sum of the market value of food materials, such as red scarws and active scarbs, which had been kept in the restaurant coolant, was above 8,059,000 won and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to data related to each damage and data submitted by defendants;

1. Selection of fines under Articles 314(1) and 366 of the Criminal Act concerning criminal facts, and the accused.