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(영문) 창원지방법원 2018.07.11 2018고단873
업무방해
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From May 15, 2017 to 15:30 on the same day, the Defendant: (a) concluded at the English Private Teaching Institute that the injured party D’s mother operated together with the mother of the injured party D to pay the management expenses and monthly rent to the injured party on the ground that the injured party failed to pay the expenses and monthly rent to the mother of the injured party during the period from May 15, 2017 to 15:30 on the same day; (b) on the ground that the injured party D’s mother failed to pay the expenses and monthly rent

After sending out the text message "Hayman," the above three-story electric room location was obstructed by blocking the supply of all of the above private teaching institute for about 2 hours and 30 minutes, thereby obstructing the victim's private teaching institute operation by force.

From around that time to July 25, 2017, the Defendant interfered with the operation of the victim’s private teaching institute by force on a total of five occasions, as shown in the list of crimes attached hereto.

2. On August 31, 2017, the Defendant: (a) sought as the pertinent private teaching institute on the ground that the said victim went to a director without paying the monthly rent, etc. of C shop with the knowledge that the said victim would move to and operate the “E” English Private Teaching Institute on the first floor of the former F1st, the Defendant: (b) did not make any payment of the monthly rent, etc.; and (c) did not make any payment to the victim.

It is so called “a large fluor,” and “Afluort this fluor, fluoring fluor,” with an article towards the victim.

C. The 20 minutes of the disturbance, such as taking a bath, interfered with the operation of the victim’s private teaching institute by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Application of the accusation, text message, real estate lease agreement, investigation report (on-site confirmation, such as the supply system of commercial buildings), photographs, and time table statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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