logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.06.29 2015고정1370
업무방해
Text

Defendants shall be punished by a fine not exceeding 1.5 million won.

In the event that the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

1. On March 30, 2015, the Defendants: (a) obstructed the work on March 30, 2015; (b) obstructed access to the construction parts of the construction parts on the ground that they were awarded a successful bid by E in order to remove partitions under subparagraph 301 of the said building; (c) obstructed access to the construction parts for construction works; and (d) obstructed access to the construction parts on the ground that they exercised a lien.

Accordingly, the Defendants jointly interfered with the construction work by force.

2. On April 9, 2015, the Defendants, who interfered with the business, had the right of retention at the above place around 13:00 on April 9, 2015, prevented victims and private teaching institutes from entering the victim E and F’s music art private teaching institutes by way of blocking the entrance of the first floor stairs of the above building from customers, chairs, etc., on the ground that they exercise the right of retention at the above place.

Accordingly, the Defendants jointly interfered with the victims' private teaching institute operations by force.

Summary of Evidence

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of the police officer in G;

1. Police statements made to E and F;

1. Each notification;

1. An order to deliver real estate attached to an investigation report (the Defendants’ failure to obstruct the victims’ private teaching institutes from exercising their right of retention is recognized. In an investigation agency, the Defendants denied their criminal intent while recognizing the obstruction of their duties, and the Defendants denied their behavior in the trial proceedings. However, there is no proof that the Defendants expressed their desire to the victims in the crime at the time of the crime).

1. Relevant Article 314 of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the selection of punishment for a crime;

1. Articles 37 and 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

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;

arrow