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(영문) 춘천지방법원 영월지원 2019.07.26 2019고정43
업무방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Judgment of the court below] On November 10, 2015, the Defendant, as the representative of the Plaintiff Company B, performed the construction of the said hotel with a contract of KRW 974 million. On March 14, 2018, the Defendant agreed to suspend the business interference (such as building and guest room occupation, obstruction of entry, etc.) for the smooth operation of D and the said hotel, and transfer the possession of the guest room to D and confirm that he did not exercise the right of retention, thereby allowing the Defendant to continue the possession of the said hotel.

【Criminal Facts】

1. Around November 12, 2018, the Defendant entering a structure intrusion on the part of the above hotel, on the ground that the Defendant did not pay the construction cost at the above hotel and exercised the right of retention, the Defendant entered the said hotel in the victim E-management to attach a boiler with the content that “the access prohibition during the exercise of the right of retention, the interior of the guest room, and the interior house facilities, etc. are exercising the right of retention until the time the Si is paid the construction cost claim.”

2. The Defendant interfered with the business of the victim E’s hotel business and management work, such as: (a) intrusion upon the interior of the building at the time, time, and place as mentioned in the above paragraph (1); (b) placing a Stick with the same contents as the above paragraph (1) on the hotel room and entrance; and (c) preventing the visitors from accessing the hotel; and (d) allowing them to enter the hotel.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to standard contracts for private construction works, certificates of all matters to be registered, etc., investigation reports (Submission of Materials by Complainant) and accompanying documents, written agreements between the defendant and written confirmation of the balance of construction works;

1. Relevant Article 314 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 31 of the Criminal Act, each fine for a crime;

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