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(영문) 의정부지방법원 2020.01.09 2019고정1398

업무방해

Text

Defendant

A A shall be punished by a fine of KRW 500,000 by a fine of KRW 300,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants sold to their husband and wife, at the “E” visit site operated by the victim D in the Namyang-si, Gyeonggi-do, for a 1.3 million won out of the “E” site, but visited the said visit site to demand the exchange of the above Gangwon-do area on June 27, 2019.

1. The Defendant, from around 20:55 on June 27, 2019 to 21:01 on the same day, refused the exchange by the victim’s simple side with the terms of the sales contract at the said dog shop, thereby obstructing the victim’s performance of the check room by force by forcing the victim’s mother and female to talk with the victim by having the victim talking that “the victim’s mother and female has the same her mother, that is, the same her mother, and the same year.”

2. On June 27, 2019, the Defendant, at around 21:02, was demanded from the victim to continue the exchange after presenting the above A at the instant dog shop, which is a structure managed by the victim, and was demanded from the victim to undergo the exchange.

Nevertheless, the defendant did not comply with it and demanded an exchange until the police officers dispatched after receiving a report at 21:10 on the same day arrive at the site, and continues to stay in the above visit, and without justifiable reasons, leaves the victim's eviction.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (on-sitectv video analysis);

1. Article 314(1) of the Criminal Act; Article 314(2) and (1) of the Criminal Act; Article 319(2) of the Criminal Act; Article 319(1) of the Criminal Act; Selection of fines;

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, each of the provisional payment orders;