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(영문) 서울서부지방법원 2017.02.03 2016고정1032

업무방해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From January 2015 to November 2015, 2015, the Defendant operated the cans, direction festivals sales store, “E” with the victim D who had a relationship with the victim at the time in Yongsan-gu Seoul, Yongsan-gu, Seoul. From October 2015 to October 2015, disputes have arisen with the victim regarding the operation of the store.

1. On November 7, 2015, the Defendant interfered with the business of November 7, 2015: (a) installed additional locks on the locked of the said store; (b) prevented the victim from entering the said store; and (c) obstructed the operation of the said store by force by force.

2. On November 8, 2015, the Defendant who interfered with business affairs on November 8, 2015: (a) on November 8, 2015, the name and non-name customers who had been engaged in manufacturing cans from the injured party with the manufacturing-related lessons.

In a series of words, “the injured party interfered with the operation of the store by force.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of each statute of F, G, H, I, J, K and L

1. Article 314 (1) of the Criminal Act relating to the facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;