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(영문) 서울중앙지방법원 2014.09.05 2014고정454
업무방해
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

On October 2013, A and Defendant B were the employees of D Co., Ltd. that trade and consulting sports hall, etc., and were engaged in trade upon request from the victim G, the director of F Taekwondo on the third floor of Seongbuk-gu Seoul building E, the director of F Taekwondo, and H in charge of the management of G's denied interest and seal.

On October 2013, 2013, the Defendants rejected payment of fees on the ground that the victim G was trading a Taekwondo hall with a third party without going through the above D. On October 13, 2013, the Defendants visited the above Taekwondo hall on October 16, 2013 and asked the victims to pay fees because they received information from D.

From 17:00 on the same day, the Defendants sent to the police twice in the course of dialogueing with the victims and the first floor of the building of the Taekwondo hall, but the victims refused to pay fees. At around 17:00, the Defendants interfered with the victims' business by force for about 15 minutes, such as affixing internal photographs of the seal in the class, to the effect that the victims G enter the Taekwondo hall for elementary school students, and to request the victims to pay fees.

Summary of Evidence

1. Each legal statement of the witness H and G;

1. Defendant B’s statement in the police interrogation protocol

1. The police statement of G and H;

1. Application of the Acts and subordinate statutes to photographs of CCTV screen pictures in the F Taekwondo ground;

1. Relevant Article 314(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

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