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(영문) 의정부지방법원 2018.05.10 2017고정1793

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

[criminal history] On January 19, 2017, the Defendant was sentenced to two years of suspended execution in August 27, 2017, due to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in the Support of Sungnam Friwon, and the judgment became final and conclusive on January 27, 2017.

[Criminal facts] The Defendant is a lessor of a commercial building located in Namyang-si, Namyang-si, and the victim C is a lessee of the commercial building.

On November 29, 2016, the Defendant obstructed electricity from around 07:30 on November 29, 2016 to December 17:00 on the day from around 07:30 on December 29, 2016 to around 1.5:00 on the day from around 1, 2016 to around 1.5:0 on the day from around 07:30 on November 29, 2016, the Defendant: (a) obstructed the Defendant from parking a coo car at the immediately preceding entrance of the said sales store on the grounds that the victim did not pay KRW 4 million monthly rent; (b) obstructed the Defendant’s sales from around 07:30 on the same day to around 1.5:00 on the same day by force; and (c) obstructed the Defendant’s sales of the said coo car at the entrance immediately from around 20:30 on the same day by force.

[2] On July 22, 2017, the Defendant: (a) stolen the Victim F’s market price, 300,000 won, citing and discharging 30 Mhos, which is the market price owned by the victim F by using the key previously owned by E in the Southern-si, Namyang-si; (b) around 23:30 on July 22, 2017.

Summary of Evidence

[2017 High Court Decision 1793]

1. The respective legal statements of C and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A detailed statement of processing each of 112 reported cases (C) and a criminal investigation report (the status of processing reports, etc.);

1. Photographs photographs of a reference witness G, commercial information, and pictures of a victim at the time of visit to the scene (2017 high class 2407 high class 2407);

1. Legal statement of witness F;

1. The investigation report (the identification of the suspect form confirmed in the CCTV cell phone image), and the investigation report (the damage identified in CCTV images submitted by the victim).