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(영문) 인천지방법원 2018.11.08 2018고정1312

업무방해등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

[2018 High Court Decision 1312]

1. From November 4, 2017 to around November 5, 2017, the Defendant: (a) prevented the victim from stockpiling up and leaving the entrance doors set forth in subparagraph (C) of the Nam-gu Incheon Metropolitan City Building C, the victim B, from entering the entrance doors; (b) obstructed the business of leasing the building to the victim’s above subparagraph (D); and (c) created the entrance no longer to be used for its original purpose, thereby impairing its utility.

2. On November 15, 2017, around November 15, 2017, the Defendant prevented the victim from entering and leaving the entrance doors set forth in subparagraph (a) of the Incheon Southern-gu Building C, Incheon, which is owned by the victim B by piling up bricks, thereby hindering the victim’s business of leasing the above subparagraph (a) and, at the same time, preventing the victim from using the entrance doors for its original purpose.

[2018 High 1413] The defendant occupies building CF of the Nam-gu Incheon Metropolitan City and claims a lien.

In order to prevent the supply of electricity to the above C Building F, Defendant 1 destroyed property by melting the body part and impairing its utility so as not to open the steel door owned by the victim G, which was installed in a lid of the first floor electric distribution box of the building C above after the early January 2018, with a view to preventing the supply of electricity to the above C Building F.

Summary of Evidence

[2018 High Court Decision 1312]

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Documents to be submitted by each complainant (the net 4,5,6,7,8,14) (the fixed 1413);

1. Partial statement of the defendant;

1. The witness H and G respective legal statements;

1. Application of Acts and subordinate statutes to filing a complaint, accompanying documents, photographs (net 4, 19, 20), tax invoices, copies of tax invoices, and copies of business reports;

1. Article 314 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (which is between the damage of property and obstruction of business of a person on November 4, 2017, and the damage of property and obstruction of business thereof on November 15, 2017);

1. Selection of an alternative fine for punishment;

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 (2) of the Criminal Act to attract a workhouse.