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(영문) 수원지방법원 성남지원 2015.04.16 2014고정2120
업무방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 28, 2014, at around 08:00, the Defendant continued to open a guard unit of the said vehicle and parked in the said “E” by not later than 08:40 on the same day, even though the Defendant, while coming to fall on the part of the Frano vehicle owned by the Defendant in the “E” parking lot of the Franost vehicle located in Seongbuk-si, Sungnam-si, the Defendant: (a) parked the said vehicle on the front side of the “E”, and (b) demanded the said victim to move the vehicle to another place; and (c) even if the said victim demanded the KO Center to move the vehicle to the other place, the Defendant continued to open and parked the said vehicle to prevent customers from finding.

Accordingly, the defendant interfered with the car center work of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A’s legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reports;

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

1. In the establishment of the crime of interference with business for the conviction and sentencing of Article 70(1) and Article 69(2) of the Criminal Act on the ground of the crime of interference with business, the duties are not impossible or the result of interference with business is not actually generated, and there is sufficient risk of interference with business (see, e.g., Supreme Court Decision 91Do3044, Apr. 10, 1992). According to the evidence, the defendant saws the defendant's vehicle at the parking lot located adjacent to the building of this case, and parked the vehicle at the entrance of the victim's resistance, part of the victim's complaint, and moved the vehicle at the entrance of the entrance of the victim, the defendant rejected the victim's repeated request for movement of the vehicle, and the victim reported the victim to the police station to interfere with business, and even if the victim dispatched to the scene and examined the situation, the defendant continues to refuse to move the vehicle to another parking space, and the victim's license shall take precedence over the victim's license.

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