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(영문) 부산지방법원 2014.11.20 2014고정4298

업무방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the management office of the 8th floor building located in Busan Dong-gu, and the victim E is a person who leased the 8th floor of the above building from October 15, 201 to October 14, 2013 and operated a multi-level top-tier company with the trade name “F”.

1. On March 2, 2013, the Defendant committed the crime of March 2, 2013, in the foregoing building around 10:00, on the ground that the victim was in arrears, the Defendant cut off electricity to the F Office by setting the electric blocking location on the rooftop of the said building on the ground that the victim was in arrears, thereby preventing the employees of the said office from performing duties, such as customer registration.

Accordingly, the Defendant interfered with the operation of the mutual aid company by force from around 10:0 on March 2, 2013 to around 09:0 on March 4, 2013.

2. On June 8, 2013, the Defendant committed the crime on June 8, 2013, at around 10:00, prevented the employees of the said office from performing duties, such as customer registration, by blocking electricity from the F office in the aforesaid manner.

Accordingly, the Defendant interfered with the operation of the mutual aid company by force from 10:00 on June 8, 2013 to 10:00 on June 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, G, H and I;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

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

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