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(영문) 부산지방법원 2020.04.08 2020고정134
업무방해
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the corporation C, which has an office in the first floor of Busan Dongdong-gu B, and is the legitimate manager of the above B commercial building.

On December 1, 2017, the Defendant, at around 14:00, obstructed the operation of the victim’s office by force, by asserting that the victim, etc. was the occupant using the above office as the B management office, and by completely filing a lawsuit, etc. of the above office by blocking the location of electric source connected to the above office, the Defendant interfered with the operation of the victim’s office by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, D, and H;

1. The written lease contract and the written consent to use [the defendant and his defense counsel are not a space in which the defendant occupied and used the office of this case, and the defendant believed that he had a legitimate management authority of the office of this case, there was no intention to obstruct business operation. However, according to each evidence above, it is difficult to view the defendant as a legitimate manager of the office of this case, and rather, it is reasonable to see that the defendant has a legitimate management authority or possession right to the office of this case, and it is difficult to see that the circumstances asserted by the defendant alone have justifiable reasons to believe that the office of this case has management authority of this case, and therefore the defendant

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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