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(영문) 대구지방법원 포항지원 2017.02.08 2016고정238

업무방해등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who leases and manages the building with the friendship of the owner of the building in North Korea-gu C at port.

1. Around May 2015, the Defendant damaged property: (a) voluntarily removed and paid an advertising banner, a victim-owned by the victim, on the ground that the victim’s “E” in front of the victim D’s “E” on the first floor of the building, refused to withdraw and pay public charges; and (b) caused the damage to the victim’s utility at another place.

2. From June 2015, the Defendant obstructed the victim’s mushroom sales business by force by having the said victim discontinue water supply and electricity supplied to the store operated by the said victim for the foregoing reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Each police statement made to F or D;

1. Documents related to the litigation for delivery of the building and its complaint;

1. An agreement for joint use of a store and a letter of agreement;

1. Placards photographs;

1. Application of Acts and subordinate statutes to investigation reports (the time of leaving the office of the complainant and the market price of banner), investigation reports (Attachment to field photographs);

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment, Article 314 (1) of the Criminal Act (the point of interference with business), and the choice of fines (the victim also did not pay the difference to the defendant, and occupied the store for a considerable period without paying the difference to the F, the actual owner, and the victim has received the return of the banner after the fact from the defendant);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the assertion is that the Defendant took measures to remove the victim's banner and take measures to cut off the victim's banner because the victim did not pay the deposit and the monthly rent under the lease agreement, thereby violating the lease agreement.