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(영문) 부산지방법원 동부지원 2015.09.17 2015고정116
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around April 17, 2013, the victim DE has leased the first floor of the Busan Metropolitan G Building from F to operate the "H", which is a coffee chain, and the defendant purchased the above building from F in collaboration with the IJK on April 24, 2014.

1. The Defendant causing property damage was refused to demand the victims to raise rent, and on August 1, 2014, at around 06:15, the Defendant destroyed the above wooden floor that is equivalent to seven million won at the market price, which is the victims’ possession, by allowing human L, etc. to remove theme wooden floor installed in front of the above shop.

2. In the process of removing the above wooden floor, the Defendant interfered with the victims’ restaurant business by blocking customers from having access to the said wooden floor, and by force.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused prepared by the police;

1. Statement of M prepared by the police;

1. Statement of an investigation report prepared by the police;

1. In each description of a copy of the real estate lease contract (Evidence No. 14-16 of the evidence record), a full certificate of registered matters (Evidence No. 17-27 of the evidence record);

1. Application of each video statute of the field photograph (Evidence No. 37-40 of the evidence record)

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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