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(영문) 수원지방법원 안양지원 2015.07.16 2015고정597

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 16, 2014, the Defendant was demanded to refund KRW 50,00,00 paid as accommodation expenses for the reason that he did not have sexual intercourses within the “Enex operated by the victim D” operated by the victim D in Manan-gu, Manan-si, Mayang-si, Mayang-si, Mayang-si, and received a demand from the victim to return KRW 50,00,00 from the victim.

However, the defendant, without responding to it, sits on the stairs the first floor to be second floor and the second floor of the above brigade until the police officer, who was dispatched by the victim's report at around 20:50 on the same day, arrives, and leaves without any justifiable reason.

The Gu refused to comply with the Gu.

2. For the same reasons as the preceding paragraph, the Defendant: (a) was investigated at the Gyeyang Police Station within the Yangyangan Police Station; (b) was found again; and (c) from around 01:20 on August 17, 2014 to around 01:40 on the same day, the Defendant obstructed the victim’s inn business by avoiding disturbance, such as passing about 20 minutes of sound and sitting in the stairs for the same reason in the inn part operated by the victim as indicated in the preceding paragraph; and (d) obstructed the victim’s inn business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the investigative report;

1. Relevant Article 319 (2) and (1) of the Criminal Act, the choice of punishment for the crime, Article 319 (2) and (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines);

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

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

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