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(영문) 수원지방법원 안산지원 2017.01.19 2016고정363
업무방해
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

On November 17, 2014, the Defendant entered into a lease agreement with D as the owner with D on November 17, 2014, and continued the dispute with D and D on the validity of the lease agreement with D from November 2014, and the Defendant, on May 20, 2015, sold D land to the victim E to the victim E, for whom the victim occupied the said land and used the said land to interfere with the secondhand business of the victim who is operating the secondhand property at the same time.

On June 3, 2015, the Defendant corrected the door door to the body of the victim in C at Silung-si on June 3, 2015, and prevented the victim from having access to the body.

Accordingly, the defendant interfered with the business of the injured party's secondhand business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Documents of applications for carbon and evidence and photographs of the criminal investigation punishment;

1. On-site photographs (on-site photographs of not more than two thirds of evidence records);

1. The relevant case data, etc. (the head of the trial, the sentence, and the written decision) (the defendant and his defense counsel acknowledged the fact that he committed the act as described in the judgment of the defendant, but the defendant was loaded on the body of the injured party at the time and corrected the entrance door to prevent the theft, and the defendant did not have any criminal intent to obstruct his business, and the victim did not actually interfere with his business because he did not engage in the business on the body, and the victim's duties did not constitute a business subject to the protection of interference with business.

However, the following circumstances acknowledged by the evidence of the judgment, i.e., the defendant, prior to the instant case, left the vehicle at the entrance of the damaged person on the water surface so that the truck transporting the damaged person's meat could not enter the above body, and ii) the defendant's goods loaded on the body of the injured person.

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