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(영문) 서울북부지방법원 2016.09.30 2015고정2559
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On December 14, 2014, around 14:00, the Defendant asserted the right of retention in front of the “E” building owned by the victim D, a corporation located in Hanam-si, D, which is located in C, and caused damage to the utility of the said building by promptly displaying the following: “F,” which is the Defendant’s cell phone number, and “F,” which is the Defendant’s cell phone number at the front glass of the said building, and “the instant building is under the exercise of the right of retention.”

2. On January 17, 2015, the Defendant: (a) set up a container stuff at the entrance of the building and installed around the building in order to exercise the right of retention on the ground that he was unable to receive construction payment at the same place as indicated in paragraph (1) around 15:00; and (b) installed the above business conference directors, including the victim G, the president of an incorporated association, and the above building leased and operated the cosmetics company, the Defendant: (c) prevented the victim H and the victim I who is operating the cosmetics company from having access to the said building.

Accordingly, the defendant, by force, has been able to perform duties related to incidental services and building management related to the victim G's business conference, the operation of the victim H cosmetic company, and the operation of the victim I's inspection.

Summary of Evidence

1. Legal statement of a witness I;

1. Each part of the witness G and H’s respective statements in the witness G and each protocol of examination of the witness of this Court against H

1. Statement of the police statement related to G;

1. A complaint;

1. A report on investigation (on-site photographs);

1. Two copies of a contract for lease of each real estate, and a certificate (land and buildings);

1. Application of Part 16 to on-site photographs and on-site photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Articles 40 and 50 of the Commercial Competition Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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