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(영문) 창원지방법원 마산지원 2013.07.04 2013고정344
업무방해
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married between husband and wife.

The Defendants conspired to:

A. From 10:00 on December 14, 2012, the Defendant obstructed the victim’s restaurant business by force by blocking the victim’s access to the restaurant, on the ground that the lease period has expired from the “E restaurant operated by the victim D” to December 12, 2012, from the “E restaurant operated by the victim D” in the Seocho-si, Changwon-si, Changwon-si to the end of the lease period; and

B. On December 15, 2012, at around 17:30 on December 15, 2012, the victim’s restaurant business interfered with the victim’s restaurant business by force, i.e., “N., N., N., N., N., N., N., N., N., N., N., N., N. and N., N., N., N., N., N., N. and N., L., N., N., L., N., L., N., L., L., L.

C. On December 15, 2012, around 20:00, the electricity and tap water of the above place was cut down and obstructed the victim’s restaurant business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police statement law to D;

1. Articles 314(1) and 314(1) and 30 of the Criminal Act and the choice of a fine for negligence

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

1. Defendant B to suspend the sentence: Fine of 300,000 won;

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the Criminal Act (Defendant B: 50,000 won per day);

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (see, e.g., confession, reflectivity, beginning crime, and the agreement with the victim);

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

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