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(영문) 서울서부지방법원 2018.09.14 2018고정238
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 24, 2016, the Defendant stated the facts charged in the victim D, which is located in Youngwon-gun B and C, as E, but it is obvious that this is a clerical error in D.

In the camping site for operation, 4 - a room installed in that place, and the facts charged in warehouse are indicated as shower room. However, according to the witness D’s statements in this court, the place where the Defendant was installed with locking devices is a warehouse adjacent to shower room, and there is no substantial disadvantage in exercising the Defendant’s right to defense. Thus, the facts charged are revised ex officio and recognized.

In each entrance, locking devices such as a counter shall be installed so as to prevent the victim from entering the above Dong.

Accordingly, the defendant interfered with the operation and management of the victim's camping site by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to diving photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Since the Defendant did not obtain permission to engage in a camping site business, it does not constitute “business” subject to protection of interference with business, and the locking device installed by the Defendant can be easily removed and thus cannot be deemed as a threat of force by the Defendant. Since the locking device was not installed during the period where the locking device was installed, the Defendant did not actually carry out a camping site business, so the risk of causing interference with business has occurred.

shall not be deemed to exist.

B. The victim is awarded a successful bid for a camping site, but the ownership of the facility, such as a vacation in the site, was the Defendant and the victim concluded a sales contract for the facility. Even if the victim did not pay part of the purchase price, the above facility is occupied and used.

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