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(영문) 창원지방법원 마산지원 2016.03.22 2016고정102
업무방해
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

Since the victim B and 2010, the defendant has been divorced with the victim.

The Defendant stated that the Defendant shall not return home with the wind to the victim B, and shall not return home at the night, with the mind of the victim B.

In addition, the victim B and his own consciousness did not refuse to do so. The victim B and his own consciousness did not want to do so.

1. On August 13, 2015, at around 17:00, the Defendant was unable to perform funeral services in the future, on the street room in front of the “D beauty art room,” operated by the victim B in Changwon-si Masi, Changwon-si, Masan, for the said reasons as above, the Defendant was unable to smoke for about two hours.

Accordingly, by preventing the victims from entering the miscellaneous point of "F" operated by the victim E in the beauty art room and the beauty art room, they interfere with the victims' beauty room and the miscellaneous store business by force.

2. On August 14, 2015, the Defendant: (a) around 14:00, at the same place as above; (b) on the foregoing grounds, the Defendant sited on a cosmetic operated by the victim B; and (c) obstructed the victims’ beauty room and miscellaneous store business for about four hours, as described in paragraph (1).

3. On August 15, 2015, the Defendant: (a) around 17:00, at the same place as above; (b) on the foregoing grounds, the Defendant sited on a cosmetic operated by the victim B; and (c) obstructed the victims’ beauty room and miscellaneous store operation for about one hour, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes governing the disposition of reported cases, and 112, respectively;

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. 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;

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