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(영문) 수원지방법원 성남지원 2018.07.18 2018고정551
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

The relationship between the victim and the victim B is the relationship with the former, and the victim is the owner of the "C"-line business.

1. Obstruction of business;

A. On October 26, 2017, at around 22:05, the Defendant interfered with the Victim’s heading operations for about 30 minutes by force, such as “C, operated by the victim who suffered damage in Seongbuk-si, Sungnam-si, where the victim and the victim were in a dispute with the victim, “The victim expressed the victim’s desire to do so for a period of up to 30 minutes” due to the victim’s threat of force.

B. On October 28, 2017, at around 21:53, the Defendant interfered with the victim’s door-line operation by force, such as: (a) the defect of the victim on the ground that the Defendant destroyed the telephone system; (b) the Defendant took the victim’s bath to the victim; and (c) the Defendant 5 customers, who fluent the disturbance, fluencing the victim’s voice, and allowing the victim to wear the above door-line.

2. On October 28, 2017, the Defendant damaged the telephone apparatus, which is the victim’s possession of an amount of KRW 45,00,00, by cutting off the phone 3 to 44 times on the hand floor and drinking, and destroying the phone 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on the occurrence of a crime, and a criminal investigation report (verification of CCTV data in the field);

1. Application of Acts and subordinate statutes to a report on the occurrence of a loss, each on-site photograph, and damaged telephone photograph;

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, respectively, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the confession of the defendant, and the defendant agrees with the victim.

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