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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates an indoor golf range under 101 and 102 of the first floor of a G building managed by the victim F of the victim F in Seo-gu Seoul Metropolitan City E, and the victim F is the chairperson of the said G building management body, and is operating the real estate agent office with the trade name of “H” under 103 of the said G building.
From around August 2012 to July 2013, the Defendant installed the 1st floor of the building, the section for common use of indoor golf driving ranges, a studio gate, a guide room, and a studio gate on the 1st floor of the building in question. On June 2013, the Defendant controlled general customers who want to use the other studio of the building in question using the studio hallway and a studio gate on the 1st floor of the building.
Accordingly, the defendant used the above section for common use of the building exclusively for the indoor golf range operated by the defendant by force, and obstructed the victim's building management and the operation of the real estate agent office by controlling the access to the first floor of the customers using other facilities outside the golf driving range.
Summary of Evidence
1. Statement made by a witness F or voice in the fifth trial records;
1. A protocol of examination of part of the defendant by prosecution;
1. Some police interrogation protocol against the accused (No. 28 No. 5 of the evidence list);
1. The protocol of interrogation of the police in relation to F (No. 4) and the protocol of statement of the police in relation to F;
1. Application of the building ledger (Evidence List No. 9), the rules (Evidence List No. 12), the identification number, and the photograph (Evidence List No. 48);
1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order;