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(영문) 대구지방법원 2014.10.16 2014고정1629

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 25, 2013, from around 22:21 to 23:40 the same day, the Defendant interfered with the victim’s marina work by force by avoiding the disturbance of 1 hour and 20 minutes, such as “E” operated by the victim D (E, 52 years of age) located in Daegu Dong-gu, Daegu-gu, and on the ground that the victim did not lend money to the Defendant’s children, and by doing so, “I would not create funeral services here in the same way.”

2. The Defendant, from around 13:10 on October 26, 2013 to around 13:30 on the same day, found at the same place and prevented customers from entering the said place by avoiding a small amount of disturbance of 20 minutes in the same manner, thereby obstructing the victim F’s Mart business by force.

3. On October 26, 2013, from around 22:40 to around 22:50 of the same day, the Defendant found the same place and obstructed the victim D’s marina business with the same content as above by avoiding the disturbance of 10 minutes in the same manner.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to CCTV image data;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.