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대구지방법원 포항지원 2016.01.27 2015고정436
업무방해등
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendants are residents of North Korea-gu, North Korea-si, and victims E are those operating “G” from F.

Although the term of lease for a commercial building set forth in the "D shop Operation Committee" has expired, the Defendants and the above DD brought an objection due to the failure of the victimized party to cause the said commercial building.

1. On April 22, 2015, Defendants in violation of the Punishment of Violences, etc. Act (damage, etc. to common property) discovered that, around 20:00, H, the head of the village, is disputing the issue of the reputation of the victim and the commercial building, and combined with it, H, the head of the village, who collected each item (10cm in length, approximately 50cm in length, approximately 10cm in thickness, 10cm in thickness) in the vicinity of the air conditioners adjacent to the commercial building, and the Defendants, “h, Ha, and Ha, Ha, Ha, Ha, Ha, and Ha, Ha, Ha, Ha, Ha, Ha, Ha, Ha, Ha, Ha, Had the free entrance at the same location two times with each item above so that the repair cost amount of KRW 190,000.

Accordingly, the defendants damaged the victim's property in collaboration with H.

2. The Defendants interfering with their business at the temporary location under the preceding paragraph, with H, broken the entrance door of the victim’s commercial glass for the foregoing reasons, and, within the outside of the above commercial building, why they continue to engage in funeral services when the contract was terminated;

Gaing that it would be called “Bld D”, the king caused customers to leave the place.

Accordingly, the Defendants conspired with H and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Each prosecutor's statement protocol concerning E and I;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A copy of a fact confirmation by J;

1. Written estimate;

1. Four copies of the on-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements, such as I, by telephone);

1. The Defendants: Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); and Article 2(1)1 of the Criminal Act.