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(영문) 의정부지방법원 고양지원 2015.05.14 2015고정8
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, who interfered with business, from April 201 to June 201 of the same year, was a person who performed the interior works of the victim D’s call text located in Goyang-gu, Ilyang-si.

At around 13:00 on May 17, 2014, the Defendant asserted that the Defendant would exercise the right of retention because he did not receive the installation cost for the interior from the building owner, and that the Defendant obstructed the victim’s call architecture operation by force by failing to enter the place by avoiding disturbance, such as marching noise on the clothes storage site in the said establishment.

2. The Defendant assaulted the victim’s face once as the victim D was prevented from interfering with the Defendant’s business at the time and place specified in paragraph 1.

Summary of Evidence

1. Part of the defendant's legal statement (part that it was a disturbance to exercise the right of retention);

1. Witness D and E’s respective legal statements (in particular, the fact that the storage office of clothes is annexed to the call text and is a place necessary to operate the call text, and that the Defendant was a time prior to the beginning of business of the call text);

1. Application of on-site photographs, victim DNA photographs and CCTV-related Acts and subordinate statutes;

1. Selection of a fine as provided in Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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