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(영문) 의정부지방법원 2016.08.10 2016고단1669
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2016 order 1669]

1. On September 8, 2015, the Defendant: (a) around 09:40 on September 8, 2015, at the “E pharmacy” operated by the Victim D (34 tax) located in Macheon-si, the Defendant obstructed the business of the Victim’s pharmacy by force for about 10 minutes, such as a defect that the victim is unable to sell a large quantity of reduced air gas; (b) three employees; and (c) a defect that the victim was placed in the display stand of a pharmacy among two customers; and (d) the Defendant interfered with the business of the Victim’s pharmacy by force for about 10 minutes.

2. In the above time and place, the Defendant damaged property by gathering 110,000 won in a total of 1.1 million won of the market price, and destroying mermera 3 nutrition 1,000 won and 2 eflograms. The Defendant damaged the damaged property owned by the victim D by destroying the free window to the extent of repairing cost equivalent to KRW 100,000 of the market price.

[2016 Highest 2046] On January 23, 2016, the Defendant: (a) committed as if he would normally pay the taxi fee in front of the Ansan-si Prison in Ansan-si; (b) was boarding a G taxi driven by the victim F; and (c) used the victim’s taxi in front of the IM located in Scheon-si H.

However, the defendant did not have intention or ability to pay taxi charges.

The Defendant deceptioned the victim as above and caused the victim to operate the taxi as above, thereby obtaining pecuniary benefits equivalent to KRW 96,800 of the taxi fee.

Summary of Evidence

[2016 order 1669]

1. Defendant’s legal statement

1. Written statements of D;

1. Photographs photographs on the site of the case;

1. Previous conviction in judgment: A criminal investigation report (report, such as confirmation of the date on which the execution of a sentence is completed), and the text of judgment [2016 order 2046];

1. Defendant’s legal statement

1. A written statement;

1. Application of Acts and subordinate statutes on the application of charges;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property), Article 347(1) of the Criminal Act (the point of fraud) and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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