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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 7, 2016, the Defendant himself/herself operated in Seo-gu, Seoan-gu, Incheon Metropolitan City on his/her own.
D The victim E was to receive KRW 300,000 per month because it is not well-beingd, and the victim was operating the D by transferring all of its goodwill.
On August 25, 2016, the defendant demanded that the above D business be suspended from around 17:00, but the victim refused the above D business on the ground that the victim entered a legitimate contract. However, the defendant rejected the above D's auxiliary locking device.
Accordingly, the Defendant interfered with the victim's business of entertainment establishments by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. The defendant asserts that a copy of the real estate lease agreement, a photograph of the auxiliary key corrected by the victim [the defendant asserts that he did not interfere with the business because he had already suspended the business at the time.]
However, in accordance with the above evidence, ① there was a dispute between the defendant and the victim at the time, but the agreement to terminate the lease relationship completely was not clearly made.
② Although the victim did not leave the pertinent D, the victim seems to have worked for the employee employed by the victim.
③ At the time, alcohol and house owned by the victim still remains.
④ The locking system part was also the compact that had not been acquired by the defendant.
In full view of these circumstances, the defendant did not complete the business of the victim at the time of the establishment of the auxiliary locking device.
must be viewed.
Therefore, the defendant's argument is without merit.
1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant does not recognize his mistake in the sentencing of Article 334(1) of the Criminal Procedure Act.