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(영문) 대전지방법원 천안지원 2017.11.30 2017고정765

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. “B” operated by the husband of the Defendant who intruded on a structure under the name of the Defendant, continuing to demand payment of KRW 4,719,000 for the construction cost that was not received after the construction in 2015, but C did not contact with the phone without paying the unpaid construction cost.

At around 14:40 on May 25, 2017, the Defendant asked C to pay the said money to the person in charge of C, which is located in Asan City D, but asked C not to give the said money.

Accordingly, the Defendant: (a) found in a stable with a mind to cover garbage in C; and (b) found the excreta in and around C; (c) opened two-story office doors through stairs without permission or consent; and (d) entered the C office where E is working for the victim; (b) around 14:40 on May 25, 2017, the Defendant: (a) opened plastic bags containing plastic excreta prepared as described in paragraph (1) at the entrance of the office where the injured party manages the garbage; and (b) opened the processed excreta in and around the entrance of the office where the victimized party manages the garbage; and (c) opened the processed excreta in and around the entrance of the office where the Defendant personally takes charge of the processed excreta on the Defendant’s new swine; and (d) buried the processed excreta into the C gate and the office where the Defendant returned to several places; and (d) buried the processed excreta on the flusium and the office where the flusium was buried.

The defendant's expenses of KRW 2,220,00 were incurred in cleaning the processed pigs by the injured person.

Accordingly, the defendant has harmed the utility of the C suspender and the office managed by the victim.

3. On May 25, 2017, the Defendant: (a) obstructed the work of the victim’s office by force, by placing excreta in the CY and several places in the CY and the office, by means of the method described in paragraph (2), at around 14:40 on May 25, 2017; (b) thereby obstructing the victim’s work at the victim’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (E);

1. Application of the Acts and subordinate statutes on photographic data and transaction specification lists;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, and Article 319 of the Criminal Act, and the Criminal Act.