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(영문) 의정부지방법원 2016.06.09 2015고정2733

업무방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant has been disputing the victim D who operates the accelerator in the vicinity of the Moul City and the accelerator parking lot in relation to the operation of the Moul-si, and filed several civil complaints with the competent authorities.

1. On May 1, 2014, the Defendant had been aware of the fact that customers are travelling a vehicle at the same time, and had the said third senior secretary, even though he knew of the fact that they are driving the vehicle, thereby obstructing the injured party’s operation of the said senior secretary general by force, such as interfering with the vehicle’s detailed driving of the vehicle.

2. On July 14, 2014, the Defendant interfered with the operation of the said senior executive officer of the victimized person by force, such as interfering with the vehicle taxes in the same place as Paragraph 1, and in the same manner as Paragraph 1, etc.

Summary of Evidence

1. Each legal testimony of witness D, E, and F;

1. CCTV images (the defendant and his defense counsel had no intention to obstruct the defendant's business at the time of the instant case;

However, even though the victim requested the defendant to not clean up the vicinity of the accelerator, which the victim operated several times on the ground that dust, etc. existed before the crime of this case, the defendant continued to clean up without disregarding the above evidence, and according to each of the above evidence, such as witness D, E, and F consistent statements and CCTV images, the application of the law is recognized as sufficient to interfere with the defendant's business).

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the 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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;