(영문) 인천지방법원 2019.07.19 2018고정2746

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줄 간격

자간(%)

(영문) 인천지방법원 2019.07.19 2018고정2746

업무방해등

Text

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 and the victim B(the age of 47) are the relationship between the internal relationship and the relationship between the defendant and the victim(the age of 47).

At around 01:30 on January 31, 2018, the Defendant: “Around 01:30, the Defendant: (a) dnowned the victim’s owner of the 1st underground floor in the Namdong-gu Incheon Metropolitan City, with an desire to drive the victim; (b) ; and (c) threatened the victim with his/her loss; and (d) made the victim with his/her failure of happiness for about one hour during the time; and (b) caused the victim to complete the damaged business before the date of the injury, and (c) made the public prosecutor to force the victim by force on April 16, 2019 of the facts charged verbally, the Defendant applied for changes to the amendment of the indictment by force for about one hour, such as compromise, and caused the other customer to leave the scene to complete the damaged business; and (d) made the Defendant’s statement that the amendment of the indictment does not infringe on the identity of the charges.

The victim interfered with the victim's singing operation.

B. Around 21:00 on February 4, 2018, the Defendant sought a victim, who is an owner of his/her business, while drunk in the instant singing room, and interfered with the victim’s business operations by force for about one hour by finding out the victim, who is an owner of his/her business.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the legal statement of the witness B (excluding the professional statement);

1. The defendant and his defense counsel are criminal facts as indicated in the business CCTV CD (two copies).

The defendant's act does not reach the degree of "a person's business operation" by force, and the victim asserts that his voluntary will only ends the singing business.

The term "defensive force" in the crime of interference with business means human beings.

유사 판례

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-대전지방법원 천안지원 2015.02.13 2014고단1881 (1)

-창원지방법원 2012.08.24 2012고단2254