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(영문) 춘천지방법원 원주지원 2016.04.05 2016고정1

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant operates the Car Center, "C", and the victim operates the said Car Center at the above Car Center, and the defendant and the victim are in civil litigation.

On September 23, 2015, Defendant 1 appealed after having lost the victim at the first instance trial of the above civil procedure, and thereby interfered with the victim’s legitimate detailed duties by blocking the passage of vehicles driving through the vehicle to set off for three to thirty minutes, at the entrance of the Director General of the D Customs Office located at Won-si, Seoul Special Metropolitan City.

[Defendant asserts that it does not constitute a crime of interference with business since other vehicles are allowed to enter the third Deputy Commissioner because he/she did not stop the entrance of the victim's third Deputy Commissioner.

However, according to the following evidence, other vehicles at the time of the instant case were allowed to enter the third deputy of the victim through the space side of the defendant's son, but in order to put up the vehicle in the middle of the third deputy of the narrow third deputy of the victim, the fact that the string has been repeated twice (in the case of the vehicle, the vehicle should be cleaned by opening the two doors of the vehicle, and in order to do so, the vehicle needs to be loaded out in the middle of the third deputy of the defendant) is recognized. Accordingly, it is determined that the vehicle of the victim has interfered with the third deputy of the victim due to the defendant's combination of vehicles by the defendant.

Therefore, we cannot accept this part of the defendant's assertion

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to each investigation report (to attachCCTV video images and to attach field pictures);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

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