beta
(영문) 의정부지방법원 2014.11.13 2014고정1585

업무방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,00,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A, Defendant C, and Defendant B are members of E who entered into a contract with the South Yang-ju viewing and consignment with the private sector with respect to D, and the victim G is a person who performs funeral services, such as dry water and liquid books, within D with the wife H.

Southyang-si planned to move D, and operated and managed the transferred five days in E, when it takes place in the nearby area of the Fari-si, Namyang-si, where five days have been opened, due to the occurrence of traffic congestion, etc.

1. At around 7:00 on September 3, 2013, the Defendants conspired and obstructed the business of selling the victims’ dried fish by force, such as: (a) obstructing the victim from unfolding or taking a tent at a place prior to the relocation of the five-day funeral service, on the grounds that the victim’s funeral was not well-known; and (b) obstructing the victim from selling the dried fish at a place subsequent to the relocation of the five-day funeral service.

2. The Defendants conspired, around 10:30 on September 8, 2013, and interfered with the sales business of the victim, such as liquid book, by giving the victim’s wife H H was to carry out a business by checking the victim’s H’s H’s H, and by force, a five-day place newly relocated around 10:30 on September 8, 2013.

3. On September 23, 2013, at around 7:00, the Defendants conspired to conduct a business by checking the victim’s wife H’s wife and moving the defective board to another place, thereby obstructing the victim’s sales business, such as liquid book, by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each law of police statement to G and J

1. Articles 314 (1) and 30 of the Criminal Act applicable to the crimes;

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

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

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