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(영문) 광주지방법원 목포지원 2016.05.13 2015고정236
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

The defendant of "2015 High 236" borrowed money from the victim E-F, who is operating "D screen golf course" on the second floor in Sinpo City C2, and provided the above building as a security, but failed to repay debts, which was lost in the first instance trial due to the failure to pay debts, but won in the second instance.

As above, the Defendant won the case in the civil appellate trial from October 18, 2014 to October 19:00, the Defendant obstructed the victim’s golf course operation by force, such as by putting the entrance door of the third floor outdoor practice room from the “D screen golf course operated by the injured party in the Sinpo City C” from October 24, 2014 to October 24, 2014, and obstructing the customer’s entry into the third floor outdoor practice hall from the stairs of the second floor to the third floor outdoor practice hall.

[2015 High 5.18] The Defendant is a person who is in the process of wooden City G building owner (Y) H (F) and life-saving lawsuit, and the victim E is a person who operates a golf practice hall on the second floor of the above building with the trade name "D Scrap golf."

On April 11, 2015, the Defendant prepared the entrance door to “An outdoor practice hall” on the G rooftop at the time of sprinking around 13:46, and obstructed the Defendant’s legitimate operation of the golf practice hall by using strings and bicycle locks.

Summary of Evidence

1. Partial statement of the defendant in the first trial record, and partial statement of the defendant in the first trial record on the 2015 High Court Decision 518 Supreme Court Decision;

1. Legal statement of a witness I;

1. Statement of witness E in the fourth public trial protocol;

1. A copy of a real estate lease agreement;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. C Ground Building when the Defendant and the defense counsel asserted (hereinafter “instant building”).

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