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(영문) 인천지방법원 2015.08.13 2015고단3480
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2014, the Defendant: (a) at the factory in Seo-gu Incheon, Seo-gu, Incheon; (b) suffered conflict between the victim E and lease expenses, and factory operation issues; (c) the victim in the above factory leased from Hyundai Capital Capital and BS Capital, and moved five of the withdrawal period from the factory to the outside of the factory; (d) the victim intended to move the said withdrawal period to another place through the transportation company; and (e) the victim took a bath to the effect that “I am off. I am frith; Mahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

Accordingly, the defendant interfered with the victim's business of manufacturing and delivery by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a contract for change of a siren user;

1. The pertinent legal provisions on criminal facts, Article 314(1) of the Criminal Act of the choice of punishment [the defendant and his/her defense counsel], the choice of imprisonment [the defendant's right to ask commercial lien on October 17, 2014, because he/she exercised his/her commercial lien on five occasions during the withdrawal period. However, unlike civil lien, the commercial lien does not require "the secured claim" to be "the subject matter" but is limited to "the debtor's ownership" (see Article 58 of the Commercial Act, Article 320(1) of the Civil Act, and Article 320(1) of the Civil Act), and even according to the defendant's argument, there are claims against the victim. Since the above five owner of the withdrawn period is not the victim but the defendant is unable to exercise his/her commercial lien on the five withdrawn period, and there is no justifiable reason to mislead the defendant as to the existence of the commercial lien, the above argument is without merit].

1. The Criminal Act, the suspension of execution;

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