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(영문) 창원지방법원 통영지원 2016.11.29 2016고정118
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is in dispute with C as a debt and debt relationship, and the victim D is an operator of the △△ branch office in Chungcheongnam-si, Chungcheongnam-si, where C works as an employee.

1. The same year from February 19, 2015 to the same year for defendants who interfere with business using mobile phones, etc.;

4. Until April 2, 200, the victim was unable to use the above phone number by telephone (F, G) used by the victim for the above multi-party business, using the Defendant’s mobile phone, approximately 637 times via the Defendant’s mobile phone, approximately 177 times via the Defendant’s cell phone, and public telephone, etc.

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

2. Interference with the prevention of disturbance from the embankment;

A. On February 21, 2015, the Defendant found the Defendant at the above multiples around 14:55 on February 21, 2015, and demanded the Victim to become the victim, but at the above multiples of about 1:30 minutes, the Defendant brought a disturbance, such as taking a bath to C, etc., and let the customers who were at the sames of the case go back.

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

B. On March 10, 2015, the Defendant, at around 10:05 on March 10, 2015, found in the above multi-faceted room and demanded C to become the victim, but for about one hour at the above multi-faceted room, he saw C to go back to the customers who were trying to leave the vehicle at the above multi-faceted room by avoiding disturbance, such as the shot of the tabler at the above multi-faceted room, etc.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. Each prosecutor's statement concerning D and C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquiries about communications data;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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