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(영문) 수원지방법원 안산지원 2020.02.07 2019고단3315
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

On August 17, 2019, around 10:20 on August 17, 2019, the Defendant: (a) considered that the Defendant’s life in front of a general restaurant located in Ansan-si B B, a group of general restaurants run by the victim D would interfere with the business of selling a house to the players, thereby causing interference with the Defendant’s business by transferring the victim’s kitchen and ria in custody against the victim’s will.

On the third day of January 14, 2020, the prosecutor changed the indictment of this case to interfere with business operations in violation of the Punishment of Minor Offenses Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Written statements of D;

1. A survey report on a dispatched person on the spot;

1. On-site photographs [the defendant argues that the defendant's movement of the victim's funeral service before the defendant's leaving his place of business is not a crime. However, the "business" subject to the protection of the crime of interference with business under the Criminal Act refers to the business or business which is engaged in occupation or continuously and which is worth protecting from infringement by other's illegal act, and the contract or administrative act which is the basis of the business is not necessarily lawful. However, if a certain business or activity itself is anti-social grouped to the extent that it is considerably unacceptable in the social life due to a serious degree of illegality, it cannot be viewed as "business subject to the protection of the crime of interference with business" subject to the protection of the crime of interference with business. The above argument is rejected because the records of this case alone does not make it difficult to view the victim's business as being anti-social to the extent that it is considerably unacceptable in the social life, and thus it is not subject to protection of interference

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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