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(영문) 춘천지방법원 강릉지원 2015.06.19 2015고정164
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 2, 2015, at around 01:00, the Defendant damaged the victim’s property by opening the door in front of the EMoel 701 room managed by the victim D, which is located in Gangnam-si, and by opening it. However, on the ground that the Defendant’s male-gu F in the above 701 room does not open a visit, the Defendant damaged the victim’s property by walking off and destroying the entrance of an amount equivalent to KRW 500,000,000 at the market price.

2. On March 2, 2015, from around 04:30 to 05:00, the Defendant: (a) requested refund from the victim in front of the entrance of the her mother conference managed by the victim D; (b) on the ground that the victim refused refund, the Defendant continued to demand refund to the victim, such as “allel and Chewing flachis” on the ground that the victim refused refund; and (c) had the victim undergo a disturbance for about 30 minutes of the her mother conference, such as having f10 and 712, and had the customers who were accommodated in the her mother conference go through a large voice.

Accordingly, the defendant interfered with the victim's mother business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing damaged entrance photographs;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of both crimes is aggregated);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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