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(영문) 서울중앙지방법원 2019.03.27 2018고정2017
업무방해
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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

The defendant leases the building B, C, D, and E offices in Gwanak-gu in Seoul Special Metropolitan City to the victim F and G, and the victims are those operating the "H" store at that place.

The Defendant appears to be a clerical error in the indictment of around 12:00 on July 6, 2018, “ around 12:00 on July 7, 2018” as “ around 6:0 on July 6, 2018.”

The victims, who known the fact that the office No. D and E was unable to use the rent due to the unpaid rent in the office leased by the victims, appears to be the clerical error in the indictment “from July 14:45, 2018,” “from July 6, 2018 to July 14:45, 2018,” which appears to be “from July 6, 2018 to July 14:45, 2018.”

From 15:30 to 15:30, it was difficult for the victims to have a noise by drinking two customers while drinking alcohol, and continuously interfered with the victims’ work by force, such as blocking all the H “H” shops, blocking all the strings and four chairs within the table, and bringing in the sprinking machine and the sprink.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. A written statement of the F and G victim;

1. Application of Acts and subordinate statutes on site photographs, business report certificates, lease agreements and joint agreements;

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The alleged defendant shall make a claim to the effect that he does not interfere with F and G’s operations.

2. Determinations as to whether this Court has duly adopted and investigated.

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