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(영문) 서울북부지방법원 2017.01.12 2016고정1084
업무방해
Text

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

The defendant is the owner of the store Nos. 157 and 158 of C4, and the victim D is the general manager of administrative affairs of E-Assessment Board.

[2016 High Court Decision 1319]

1. On March 4, 2016, between around 13:00 to 16:00, the Defendant: (a) leased the four entire four floors, including the Defendant’s store that did not consent to the lease contract, to the above member and opened the four floors; (b) on the ground that the Defendant leased the four entire floor including the Defendant’s store that did not consent to the lease contract, the Defendant: (c) was within the place of business, and (d) was absolutely unable to operate the business; and (c) was not in mind.

The term "dok and brut it was difficult to avoid disturbance."

2. The Defendant, at around 14:00 on March 7, 2016, was able to operate the business properly for the same reason at the same place as the above 1’s place.

Now we need to do so. “I see it as “I am”, and am satis.

3. The Defendant, at around 10:30 on March 10, 2016, at the same place as the above, “1,” on the same ground, can interfere with the business of filing a complaint at one or more times, and carry out business operations properly.

I amba, I ambaba, and I do not ambath.

"Grash and altitude," and interfere with the operation of a member of the damaged party by avoiding disturbance.

[2016 High 1084] On March 21, 2016, the Defendant is unable to properly conduct the hospital business, i.e., on the ground that the Defendant is using the Defendant’s share of the store within the E-Assessment Hospital managed by the injured party to C4th floor in Seoul Special Metropolitan City, Nowon-gu, Seoul.

The victim’s hospital business operation was obstructed by force over about 30 minutes, such as laying down the height of the body, attaching a leaflet to the floor of the hospital, etc.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the police with regard to D;

1. Application of the F’s written statement to Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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