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(영문) 인천지방법원 2016.08.19 2016고정812
업무방해등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On May 18, 2015, at around 15:00, the Defendant: (a) listened to the language “E” operated by the Victim D in Bupyeong-gu Incheon, Incheon; (b) listened to the Defendant’s finger that the Defendant was playing from F, a student of the said Institute; and (c) sounded the Defendant’s knife “F ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

Along to approximately 15 minutes of disturbance, such as "domination of a large interest," the victim's private teaching institute business was obstructed by force.

2. The Defendant, in the foregoing time and place, failed to comply with the demand of the victim to leave without justifiable grounds because he/she did not request the victim to leave the private teaching institute several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Kakao Stockholm messages pictures and on-site photographs statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, and Article 319(1) of the Criminal Act, and selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's side of the judgment on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act was in the state of suspension of the victim's English education institute lessons at the time, and the defendant found his son F in order to ask her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

Even the defendant asserts to the effect that the defendant's refusal to leave constitutes a case where there are justifiable grounds for refusal.

However, in full view of the statements of the victim, the victim's private teaching institute is operated by force by the defendant, who had been engaged in the school in English at the time.

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