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(영문) 의정부지방법원 2017.08.18 2015고단5017

업무방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant Co., Ltd. (the trade name was changed to F.F., Ltd.)

hereinafter referred to as “G” is a person operating the G.

A victim-based foundation H (hereinafter “victim H”) manages the remains of the deceased, such as 2,500 joints, located in “F” located in the Republic of Korea in Yangju-si, and prepares a management contract with both parties at the time of the sale of the remains of the said F, and issues a certificate of a spath and a storage of the remains, etc.

On March 2, 2014, the injured party J and K leased a restaurant, store, and resting room among the management Dong buildings in F from the Defendant on March 2, 2014.

On September 1, 2013, when the Defendant entered into an agency contract with the victim H on behalf of the Defendant for the sale of the Dobong-gu Party, the contract period of which is two years, and was acting for the Defendant to operate the “F” independently without excluding the employees of the victim as the Defendant was refused to conclude a re-contract with the contract maturity for the sale of the Dobong-gu Party.

The Defendant, from June 21, 2015 to October 23, 2015, at the entrance of “F,” from around 17:00 to around 23, 2015, installed a container by mobilization of 10 men of the Defendant Company L and name-free men, and prevented the Defendant from entering the victim H’s employees, such as M and N, etc., after preventing the entrance of the vehicle and strings, and preventing the Defendant from entering the victim J and K from being suspected of providing the Defendant’s internal information on the part of the president of H, and preventing the Defendant from entering the office used by the victim H by force. At the same time, the Defendant interfered with the Defendant’s operation of “F” by force, and interfered with the victim’s J, K’s restaurant, and store business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witnessO, K, J, M and N;

1. The witness P and Q respective legal statements;

1. A protocol concerning the examination of suspect to partially examine the accused;

1. Part of the police against Defendant and L.