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(영문) 인천지방법원 2016.08.18 2016고정1723
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 18, 2015, at around 17:00, the Defendant demanded the victim E office operated by the victim D, in Gyeyang-gu Incheon Gyeyang-gu, to pay the cost of the other party’s work, but the Defendant took a bath on the ground that the victim refuses to do so by taking into account the occurrence of defects, and obstructed the business of the victim’s office by force.

2. On December 22, 2015, the Defendant: (a) drinked alcohol at the above office; (b) refused a request to leave the said office’s employees; (c) demanded the victim to leave; and (d) obstructed the business of the victim’s office by force by avoiding disturbance, such as shouldering the principal’s illness, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

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