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(영문) 서울남부지방법원 2019.09.26 2019고단639

업무방해등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who was in de facto marital relationship with the deceased B and is a guest who had a funeral ceremony in five funeral halls of the E Hospital in Yeongdeungpo-gu Seoul Metropolitan Government, where the victim C (the age of 39) is working.

1. Defendant who interferes with business affairs: 2018

5. From around 22:00 to around 01:30, at the five funeral rooms of the above E Hospital from around 22:0, in the process of taking the funeral ceremony “B”, the Plaintiff mispercing that the Chinese people, who take the other funeral in the future, have a little of 3 hours of time, reported the case to themselves, and led them to mispercing that the Chinese people, who take the other funeral in the future, have a little amount of time.

Accordingly, the defendant interfered with the funeral operation of the victim by force.

2. In a case where the Defendant, at the same time and at the same place as mentioned in the above 1.1., destroyed the parts of a funeral hall, where the value of which is not known, such as the number of the boxes and the like, by breaking a boom box kept on the entrance side of the funeral hall, a permanent photograph, etc., by cutting the boom box, etc.,

Accordingly, the defendant damaged funeral supplies used in the funeral hall where the victim works.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement;

1. Application of Acts and subordinate statutes on photographic data of the case

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

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. The crime for sentencing under Article 334(1) of the Criminal Procedure Act is a repeated crime for the reason of sentencing of Article 334(1) of the Provisional Payment Order, and there are many criminal records of the same kind and different types, but the crime of this case is committed in the funeral home of the de facto spouse in light of the fact that the crime