(영문) 의정부지방법원 2013.10.17 2012고정1492

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(영문) 의정부지방법원 2013.10.17 2012고정1492

업무방해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, along with C, D, E, F, G, and H on April 20, 2012, from around 06:00 to around 09:50 on April 20, 2012, entered the above fourth floor of the health care center on the ground that the Defendant did not receive KRW 46,00,000 for the payment of the tegrative work cost, from the victim J from around 06:0 to around 09:50, and subsequently, the Defendant was unable to enter the health care center by placing the locks prepared in advance on the entrance.

As a result, the Defendant interfered with the operation of the above heads by force in collusion with C, D, E, F, G, and H.

Summary of Evidence

1. Each legal statement of the witness J, E, and F;

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to lock locking photographs;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The summary of the argument asserts that the crime of this case does not constitute the crime of interference with business as the exercise of legitimate lien.

2. The following facts found based on the evidence duly adopted and examined by the court. The Defendant, around March 25, 2012, completed the construction of the instant health club, and the instant health club commenced its operation from March 26, 2012, and the Defendant, at the time of the instant case, entered a four-story club with the entrance opened for the health club business, and then opened the entrance with the entrance opened for the 3rd floor in order to open the entrance. The Defendant, the Defendant, and its employees did not actually perform the repair work; the victim and its members did not open the door, but did not hold the health club members.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제314조 제1항

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