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(영문) 수원지방법원 2017.04.12 2017고정437
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who holds the right to use the D's land adjacent to the C's funeral hall site located in B, and the victim E is a person who operates a funeral hall in the name of a personal business operator who is F in the above C's funeral hall site.

On September 29, 2016, at the C funeral hall located above B around 1:20 on September 29, 2016, the Defendant parked for about about 30 minutes the H funeral sport car used by the Defendant at the entrance of the above C funeral hall and made it impossible for the Defendant to enter the above C funeral hall or left the funeral hall, because the Defendant, an employee of the victim of the C funeral hall located in the above C funeral hall, interfered with the construction of the above D land.

Accordingly, the Defendant interfered with the victim’s funeral service operation by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes on site photographs interfering with affairs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the injured person does not want the punishment against the accused by mutual consent with the injured party, taking into account the fact that the injured person does not want the punishment against the accused.

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