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(영문) 의정부지방법원 고양지원 2018.04.24 2018고정191

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

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

The defendant is a person who conducts a parking agency business in B.

1. On June 12, 2017, the Defendant committed a crime on June 12, 2017: (a) around 23:30 on June 12, 2017, at the 23:3:30, the Defendant: (b) around 23:3:30, the victim E, who conducts a parking agency business in the name of “D”, was parked in the said parking lot by the victim E, F, who was parked in the GM5 car and HK3 car, a business-use vehicle, in the said parking lot; and (c) the victims were prevented from using the said vehicle by driving the Defendant’s IW car in the front of the said victims’ vehicle.

As such, the Defendant interfered with the victims' vicarious parking by force.

2. On June 13, 2017, the Defendant committed a crime of 02:00 on June 13, 2017, at a disabled parking lot located on the ground of Jung-gu Incheon, Jung-gu, Incheon on June 13, 2017, the Defendant prevented the victim from using the MF5 car by moving the MF5 car from the above MF5 car from the underground parking lot to the ground parking lot in order to avoid the Defendant’s interference with the above duties.

As such, the Defendant interfered with the victims' vicarious parking by force.

3. On June 13, 2017, the Defendant committed a crime of 16:00 on June 13, 2017, at the second underground parking lot around June 13, 2017, the Defendant: (a) around 16:00, the victims parked his/her own car from his/her name in order to act as a parking agent; (b) the Defendant’s above BMW car parked in front of the passenger car and prevented the victims from using it.

As such, the Defendant interfered with the victims' vicarious parking by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement protocol (No. 3, 5) to E;

1. Written complaint of E or F (including photographs attached thereto);

1. Application of Acts and subordinate statutes on vehicle registration certificates;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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