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(영문) 인천지방법원 2013.05.13 2013고정1386

업무방해등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was awarded a subcontract from C to the Seoul Seo-gu D Factory 2, Incheon, Seo-gu, and completed the building project on July 23, 2012, and C was awarded a contract with the victim E (55 years of age) for the construction project of the above factory.

1. From October 9, 2012 to 10:30 on the same day, the Defendant obstructed the victim’s factory operation by force over a period of three hours, by parking a vehicle of F1 ton, and preventing the victim from bringing in the factory machinery, on the ground that the Defendant had not been paid the construction cost prior to the aforementioned factory settlement from October 9, 2012 to 10:30 on the same day.

2. Damage to property;

A. At around 10:00 on October 11, 2012, the Defendant arbitrarily installed a compact system to prevent employees from having access to the entrance door of the first floor of the foregoing factory on the grounds that employees were not paid the construction cost, and damaged the wall board to the extent that the victim’s repair cost is approximately one million won.

B. On October 27, 2012, the Defendant arbitrarily removed three correction devices installed by the victim and replaced them with other correction devices on the grounds that the Defendant did not receive payment of the construction cost at the above plant around 09:10 on October 27, 2012, thereby damaging three correction devices equivalent to approximately KRW 90,000, market price owned by the victim.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of Chapter Ten to photographs, such as a contract agreement on construction works and a vehicle interfering with entry;

1. Article 314 (1) of the Criminal Act and Article 366 of the Criminal Act that applies to the crime (the point of interference with business) and Article 314 (1) of the Criminal Act: Selection of each fine;

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

1. Articles 70 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;