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(영문) 대전지방법원 천안지원 2014.02.20 2013고정831
업무방해
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2013, at around 12:27, the Defendant, at the “E” for the operation of the Victim D (hereinafter “E”) located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, (hereinafter “instant so-called “Seinna”), temporarily set away the above-mentioned so-called so-called “E” or the underground water pipe valves of the building without authority, and cut off four of the training instruments installed in the three-story mechanical room above the underground and the pipes connected to the water tank, respectively, with a hackna, so that the Defendant could not operate his business from around the same day until 2:00, thereby hindering the victim’s friendship or business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Complaints, photographs, etc. of cut pipes;

1. Report of investigation (report attached to judgment, etc.), application of the fact-finding reply statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that he saw two pipelines connected to a training machine and water tank after diving the water tank valve of the sloping. However, since the Defendant’s act did not interfere with the victim’s secret and business at the time, it does not constitute interference with business.

2. Determination

A. According to the records of recognition, the following facts are recognized.

① The aggrieved party was awarded a successful bid on November 2010, when the Defendant was in operation.

② On October 12, 2012, the Daejeon District Court rendered a judgment on the instant case No. 2012Gadan3971 on October 12, 2012 that “The injured party” (hereinafter “the instant judgment”) sentenced FF (the Defendant’s birth, the de facto party to the instant case) to the effect that “one gas boiler in the instant rain or mechanical room, snick, snick, one for a boiler, one for a cooling tank, one for a washing machine, three for a washing machine, and three for a drying machine, respectively (hereinafter “instant judgment”).

(3) The defendant is to execute the judgment of this case.

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