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(영문) 서울동부지방법원 2016.01.15 2015고정695
업무방해
Text

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is an employee of the F, who is an advertising company located in Gangdong-gu Seoul Metropolitan Government E, and Defendant B is the representative of the F, and Victim G is the operator of the I M in Songpa-gu Seoul Metropolitan Government H.

1. Defendant A: (a) around 15:40 on September 24, 2014, on the ground that the victim did not pay the outstanding amount of the advertising leaflet, Defendant A parked his JKaren car at the front entrance of the set and made it difficult for customers to enter the set, and (b) made it difficult for customers to enter the set.

B. The president and the president caused the disturbance to go out of the customers who had been on the Maart, thereby obstructing the victim’s Maart business by force.

2. On October 27, 2014, Defendant B demanded the victim to pay the outstanding amount in advance at the said I Et Office, and, while taking a dispute with the victim, Defendant B expressed the victim’s desire to “to open” with the victim, Defendant B interfered with the victim’s Mt business by force by avoiding disturbance, such as shotfing a person for office use in the office with a large interest, and interfering with the victim’s Mt business by force.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of a witness G, K, and L (excluding each part of the professional statements);

1. Each statement;

1. Application of each statute on photographs;

1. Relevant Article 314 of the Criminal Act and the Defendants who choose a punishment for the crime: Article 314 (1) of the Criminal Act (Selection of Penalty)

1. Punishment A defendant to be suspended of sentence: 500,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Defendant A who suspended sentence: Article 59(1) of the Criminal Act (the fact that the defendant is against his/her gender and the victim does not want his/her punishment, the details and degree of the act leading to the instant case, and other circumstances, such as the age, sex, environment, etc. of the defendant);

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

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