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(영문) 부산지방법원 동부지원 2018.11.29 2018고정379

업무방해등

Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

[Dissenting] The victim LAD is a majority of shareholders in the copy of the register of the second floor F of the building E in Suwon-gu, Busan, and the defendants, G, H, I, J, K, L, M, N, M, P, P, Q, P, P, Q, R, Q, R, R, S, T (hereinafter "the defendants"), and G are minority shareholders in the copy of the register.

The victim U, V, W, and X are tenants who leased part of the building of this case F from the victim M&D, and the Corporation was in progress by entrusting the victim Y with the interior construction of the building of this case (the modified part while using the building of this case by the former lessee is restored to its original state, and the leased space is expanded).

[2] On August 18, 2017, at around 05:00, the Defendants: (a) destroyed the entrance door correction devices installed by the victims to prevent the victims from carrying out artificial construction without considering the intent of the minority equity holders; and (b) checked the progress of construction in the instant building and the first floor public parking lot; and (c) obstructed the entry of the vehicle transporting materials, such as bricks, cements, sand, etc. by means of the vehicle.

As a result, the Defendants conspired to damage the victims' property and interfered with the construction work by force.

Summary of Evidence

1. The respective legal statements of the defendant A and B

1. Intrusion on a structure, evidence and photographs related to interference with the business, and forced access video CDs;

1. Demand for additional construction works;

1. Application of the Acts and subordinate statutes on trading specifications (for all the Defendants)

1. Relevant legal provisions concerning facts constituting an offense and the point of destroying property from the option of punishment: Interference with business affairs under Articles 366 and 30 of the Criminal Act (Optional of punishment): Articles 314 (1) and 30 (Selection of Penalty) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.