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(영문) 수원지방법원 성남지원 2013.11.20 2013고정1714
업무방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 20, 2012, the Defendant: (a) committed theft with two electric lines in the D art galleries managed by the victim C at the right time in the Hanam-si, Sinnam-si; and (b) with two electric lines in the 1st floor toilets.

2. On December 15, 2012, the Defendant claimed the right of retention at the above art gallery around A.M., and destroyed the following: (a) by promptly taking a chromatic color on the front glass of the above building, the Defendant destroyed the following: (b) by inserting the string of the entrance door of the third floor office.

3. At around 17:00 on December 15, 2012, the Defendant interfered with the business of the victim by force, such as asserting the right of retention in the above art gallery and preventing others from using the parking lot, leaving the entrance of the parking lot on the Defendant’s car, leaving a container stuff in front of the stairs of the building on the front of the entrance of the building, preventing them from entering the art gallery.

4. At around 15:00 on December 21, 2012, the Defendant: (a) opened an entrance to the left-hand side by using the keys acquired by an unforeseen means to attach a guide to exercise the right of retention to the above art gallery; and (b) entered the third floor office of the building into the building and intrude into the building.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 314 (1), Articles 319 (1), 329, and 366 of the Criminal Act applicable to the facts of crime and the choice of punishment: Selection of fines;

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

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

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