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Reasons
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(영문) 수원지방법원 안양지원 2015.06.18 2014고정633
업무방해등
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Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 9, 2013, at around 11:30, the Defendants, along with E, F, G, H, I, J, and K, found the Defendants in order to resist the “Nit Beauty,” operated by the victim M of LA at Gunpo-si LA on the first floor of the above commercial building, for the reason that the victim’s interior noise from the first floor of the commercial building 208 was slick, and the victim said that the victim “after the time when the work is in progress, she waits outside the above beauty room.” However, Defendant A opened the rear door of the above beauty room, Defendant B, E, F, G, H, I, H, I, J, and K followed.

Accordingly, the Defendants infringed on the beauty room managed by the victim in collaboration with E, F, G, H, I, J, and K.

2. The Defendants were unable to avoid disturbance for about 20 minutes, including: (a) the date and time, such as E, F, G, H, I, J, and K, and (b) the victim’s cosmetic to enter the beauty room operated by the said victim and demanding the suspension of the arche construction.

Accordingly, the Defendants interfered with the beauty room business of the victim by force jointly with E, F, G, H, I, J, K.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witnessO, M and P;

1. Each police interrogation protocol against F, G, H, K, E, I, and J;

1. The police statement of M;

1. A complaint;

1. Investigation report (to submit video data);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and the selection of fines for negligence

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

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Detention in a workhouse;

(a) Defendant A: Articles 70(1) and 69(2) of the Criminal Act

(b) Defendant B: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Defendant B of suspended sentence: Article 59 of the Criminal Act.

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