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(영문) 수원지방법원 평택지원 2021.01.08 2020고정454
업무방해등
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

1. On October 26, 2019, at the main point of “D” where the victim C in Pyeongtaek-si B works on October 19, 2019, the Defendant: (a) expressed, without any particular reason, the intent of “C” to other customers; and (b) made it possible to avoid disturbance for about one hour, thereby interfering with the victim’s solicitation; and (c) prevented the victim from entering the said main point.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant who damaged property was called out after receiving a report of 112 stating that the Defendant would be free from disturbance at the time and place specified in paragraph 1, and that the police officer, who was called out, moved the Defendant to the above main station test room, took one of the plastic chairs on the market price of the victim E-owned at that place, and destroyed the part of the artificial bridge.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as field photographs and records of C and F;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

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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