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(영문) 인천지방법원 부천지원 2019.04.30 2018고단3424
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On September 11, 2018, the Defendant committed the crime against the victim C at the “E” factory operated by the victim C at Kimpo-si, Kimpo-si, Kimpo-si on September 11, 2018, and obstructed the business of the victim’s factory operation by force by setting the locks with which the above factory entrance was locked for the reason that the victim did not leave despite the expiration of the lease term for the above factory, and by installing the FFco-do C vehicle in front of the entrance, which was owned by the victim and his employees to prevent the victim from entering the above factory.

B. On September 18, 2018, around 18:00, the Defendant committed the crime against the victim G was at the “H” factory operated by the victim G located in Kimpo-si, Kimpo-si, and the Defendant interfered with the victim’s factory operation by force by locking the entrance door of the above factory and preventing the victim and his employees from entering the above factory, on the ground that the period of lease of the above factory expired.

2. Defendant B: (a) around 10:00 on September 9, 2018, at the “J” factory operated by the victim I located in Kimpo-si, Kimpo-si; (b) on the grounds that the victim did not leave the factory despite the expiration of the lease term for the above factory, Defendant B kept locks at the entrance of the above factory; (c) kept the victim and his employees from having access to the above factory; and (d) obstructed the victim’s factory operation by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C, I, and G;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 314(1) of the Criminal Act; Selection of each fine

B. Defendant B: Article 314(1) of the Criminal Act; selection of fines

1. A aggravated defendant for concurrent crimes: The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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