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(영문) 인천지방법원 2018.10.04 2018고정1630

업무방해

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants are co-owners of the portion of housing among the commercial buildings and housing buildings in Gyeyang-gu Incheon Metropolitan City, and the Defendants and D are the co-owners of the building of 348 square meters in Incheon Gyeyang-gu, and there are E and F buildings on the above land. The Defendants are co-owners of E and D are the owners of F buildings.

The housing area refers to E, and the victim leased the first floor of F building from D (see, e.g., evidence record No. 12). A joint owner of B, and the victim G is a person who leased the first floor from D and operates the H “H” restaurant.

Defendants shall not in collusion with the victim on March 10, 2018 at around 16:00, the part attached to the rear door of the above restaurant shall not be used.

Despite the fact that the victim continued to use the above restaurant, the victim and the above restaurant customers could no longer use the part of the mail which was used for cooking, etc. with permission from the above owners.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business by force.

Summary of Evidence

1. The Defendants’ respective legal statements (the second public trial date)

1. Each police statement made in relation to I and D;

1. A complaint, a business report certificate, a commercial building lease agreement, a land register, a certificate for all registered matters, and each photograph;

1. The application of Acts and subordinate statutes to each investigation report (for example, 7,14) at a net time;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 314(1) and 314(1)30 of the Criminal Act; and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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