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(영문) 서울중앙지방법원 2014.03.28 2013고정5404

업무방해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around 08:10 on May 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint destruction and damage, etc.) jointly with the husband C, and destroyed by installing a steel fence to prevent the victim E, the owner of the above land from having access to and using another person’s land in Seocho-gu Seoul, Seocho-gu, in order to prevent the access to and use of the above land, thereby impairing the utility of the metal fence that the victim installed, in order to prevent the Defendant from having access to and obstructing access to the residence of the Defendant due to the installation of the above pent, thereby impairing the Defendant’s residence.

2. The Defendant, in collusion with C, obstructed the victim’s work of installing a pents for about 30 minutes by force by blocking the victim’s steel pents from installing a pents near the pents door at such time and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written estimate and certified copy of the register;

1. Application of Acts and subordinate statutes to report on investigation (Listening to statements by complainants concerning the calculation of the amount of damage);

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Article 314 (1) of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

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;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decisions 2006Do1414, Apr. 1, 2006>