beta
(영문) 수원지방법원 2016.10.19 2016고단4816

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 12, 2015, the Defendant sentenced the Suwon District Court to one year of imprisonment with labor for the crime of interference with business, etc., and completed the execution of the sentence on May 24, 2016.

On July 28, 2016, the Defendant considered that he drinked at the “D” collection of “D” collection located in Suwon-si apartment commercial building, Suwon-si, the president of the said frequency, that he would pay KRW 50,000 per month to the management office for the user fee of apartment co-ownership from E, the president of the said frequency, and that he did not look at the management office.

1. On July 29, 2016, around 08:40 on July 29, 2016, the Defendant obstructed the operation of the victim management office by force by avoiding disturbances between about 35 minutes, including: (a) whether he/she receives money from the victim F who is the head of the management office, and (b) why he/she reads “Is yous yous yous yous yous yous yous yous yous yous yous yous yous.”

2. On July 29, 2016, the Defendant interfered with business on July 29, 2016: (a) around July 17:35, 2016, the Defendant interfered with the operation of the victim’s management office by force by avoiding disturbance for about 25 minutes, such as “ how to return money”, “I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

Summary of Evidence

1. Defendant's legal statement;

1. A and F statements;

1. Notification to a department related to 112 Incident Report;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the judgment, etc. of the same kind of power and the facts that the person is a repeated offense);

1. The choice of a fine under Article 314(1) of the Criminal Act and Article 314(1) of the same Act concerning criminal facts (it is recognized that there are many criminal records of violence or interference with business, but it does not seem that serious damage has occurred, and considering the fact that he/she received a letter by mutual consent with the victim);

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

1. Articles 70 (1) 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;