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(영문) 수원지방법원 2018.01.11 2017고정2551

업무방해등

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 a person who is engaged in painting business (tampering), and the victim C (60 years, remaining) is a person who is engaged in real estate brokerage business.

1. Around June 30, 2017, the Defendant assaulted the victim in a way that, on the ground that the victim did not pay the construction cost within the “E real estate brokerage office” office operated by the victim, the victim expressed his/her bath, and that he/she does not pay the construction cost, he/she threatened him/her with his/her face, as he/she threatens him/her, and assaults him/her by using an article near the victim’s face several times.

2. Obstruction of business;

A. From 17:45 to 18:20 on the same day, the Defendant, as described in paragraph 1, expressed the intent to “sale, salkes, salkes” for the same reason at the same place, and interfered with the duties of the victim’s real estate brokerage by force, such as: (a) “other sound, salkes, and salkes”; and (b) sound, “hicking out,” and leaving outside the play place; and (c) by force, interfered with the victim’s real estate brokerage.

B. From around 15:00 on July 10, 2017 to around 16:00, the Defendant interfered with the business of arranging the victim’s real estate by force, on the ground that he/she finds a difference in the office of “E real estate brokerage” located in D and did not pay the cost of construction to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Results of a reproduction of a video CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 314(1) of the Criminal Act (the point of interference with business) and the selection of fines for the crime;

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

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;