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(영문) 서울남부지방법원 2015.11.11 2013고정3619
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2013 High 3619" is a constructor who has received an order for parking lot construction from the State (D) C (Representative Director D).

At around 15:50 on August 30, 2013, the Defendant brought one container stuff (Ga 6M X 3M) to implement the construction ordered within the above parking lot, which was operated by the victim E (year 58) in the G parking lot located in Guro-gu Seoul, Guro-gu, Seoul, which was operated by the Defendant on August 30, 2013. However, the Defendant rejected it on the ground that civil issues, such as the failure to refund deposit for the above parking lot, but the Defendant rejected it, the Defendant prevented the vehicle from passing through the above container stuff at the entrance of the parking lot.

As a result, the defendant interfered with the victim's parking lot business by force.

The Defendant of the Yangcheon-gu Seoul Metropolitan Government H apartment 17 dong 407, the Defendant is a user who has employed five full-time workers as a personal constructor living in the Yangcheon-gu Seoul Metropolitan Government, and has performed the Igsan-gu Igsan-si Water Control and Construction of the Igsan-si Child Care Center.

Defendant has worked from April 8, 2013 to April 30, 2013.

The retired J’s payment of KRW 9,00,000,000, including the wage of KRW 2,400,000 in April 2013, was not made respectively within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as shown in the details of the money and valuables in attached Form.

Summary of Evidence

"2013 Highly 3619"

1. Partial statement of the defendant;

1. The statement made by K witness in the fourth protocol of the trial, and the statement made by E of witness in the fifth protocol of the trial;

1. On-site photographs and investigation reports (request for removal of containers, confirmation of whether a container is removed, etc.);

1. The Guro-gu inquiry report on fact-finding by the Guro-gu Office: "2014 high-level 394";

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The entry of the witness J in the 8th trial records, and the application of Acts and subordinate statutes to the entry of the witness L in the 10th trial records;

1. The payment of wages under Article 314(1) of the Criminal Act, Article 109(1) and Article 36 of the Labor Standards Act, which applies mutatis mutandis to the relevant criminal facts, the choice of punishment.

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