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(영문) 부산지방법원 2016.04.07 2016고정873

업무방해등

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 is the representative director of E, a corporation holding D buildings in Busan-gu, and the victim F, the defendant leased the above building A, B, 6,7 floors from the defendant and operates the G-art club.

1. On April 16, 2015, the Defendant infringed upon a structure with a view to obstructing the victimized person from preparing for the business of the said age club on the ground that the damaged person did not fully pay the deposit for the said age club. On the date and time indicated in paragraph (1) above, and at the place, the Defendant invaded the said age club at the entrance of the said age club, and thereby obstructing the victimized person from entering the said age club with the intent to prevent the victimized person from entering the said club.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and H;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (a point of intrusion on a structure), Article 314 (1) of the Criminal Act (a point of interference with business), 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;