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(영문) 서울북부지방법원 2017.03.16 2016고정2430
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person in charge of building management in Dobong-gu Seoul Metropolitan Government C Building.

The Defendant, around 14:00 on August 31, 2016, on the ground that the Defendant did not pay the Victim E management expenses for the victim E operating D after childbirth from the 6-7th floor of the above C building at around 14:00, “I completely restrict the use of the parking lot by one-lane 6-7 floor users and visitors due to the current refusal to pay the management expenses of the 6-7th floor.

Two-lane elevators suspend operation from September 1, 2016 to June 7, 2016, so the main time is to move using stairs.

“A notice of the content of “” was posted at the entrance of the first floor of the elevator, the elevator inside, and the entrance of the D after childbirth, so as to prevent customers from using D after childbirth, thereby obstructing the victim’s business of cooking after childbirth by force.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Investigation reports (verification of users of DNA cooking sources);

1. A copy of the commercial lease agreement and a copy of the decision of the Seoul Northern District Court;

1. Application of statutes on site photographs;

1. Article 314(1) of the Criminal Act applicable to criminal facts and Article 314(1) of the option of punishment [the defendant is a manager of a building] [the defendant, by posting a notice on the restrictions on the use of parking lots, elevators, etc. for postnatal cooks operated by the victim, using his/her status as a manager of the building so that customers visiting the above post-industrial cook who visit the above facility can take out a contract for the use of post-industrial cook.

The above act by the defendant is sufficient to directly suppress the victim's free will, and thus constitutes "violation of interference with business by force".

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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