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(영문) 서울중앙지방법원 2012.12.18 2012고정81

업무방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On April 2010, the Defendant: (a) laid down drums on the victim’s concrete floor prior to the victim’s pentionion of management, which was located in Seocheon City, on the ground that the part of the said land (which was registered as co-ownership with the Defendant, but is in fact owned by dividing it into the ownership) and the owner of the pention building; and (b) the owner of the above pention building; and (c) did not remove the above pention building as agreed by F, as soon as possible; (d) made it possible for people who wish to enter the pention to enter the floor to enter, or cancel their reservations, thereby obstructing the victim’s penting business affairs by force.

2. On March 9, 2011, the Defendant laid up soil with a dump truck for the foregoing reasons at the above place, thereby obstructing the victim’s work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Protocol of the examination of a witness regarding D;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the relevant criminal facts;

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

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