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(영문) 대전지방법원 2015.08.17 2015고단2160
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

The defendant is a person engaged in landscaping business.

1. On October 1, 2012, the Defendant obstructed the business of the victim’s mobile phone sales store by force, such as taking advantage of the victim’s b (hereinafter “D”), which was operated by the victim C (hereinafter “C”) located in Daejeon-gu, Daejeon-gu, Daejeon-si, Daejeon-si, on the ground that the Defendant’s name was stolen to address the issues involving the opening of the cell phone due to the theft of the Defendant’s mobile phone. In doing so, the Defendant: (a) took a bath to the victim; (b) took advantage of the victim’s interest toward the victim; (c) dumped waste in front of the entrance; and (d) spiting down in the store glass.

2. At around 13:30 days from the same day as paragraph 1, the Defendant returned home to the police recommended by the police after receiving a report pursuant to paragraph 1, and the Defendant made a phone call to the victim, saying, “I have left a taxi and left the taxi so that I would not drive the taxi. If I do not want to do so, I would like to keep the taxi from entering the store with the glass and enter the store,” thereby notifying the victim of harm and injury as if I interfere with the victim’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to accusation and photographs;

1. Relevant Article 283 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On November 14, 2012, the Defendant made phone calls to the victim on November 13:13, 2012, thereby notifying the victim of harm and injury as if he would inflict harm on the body or property of the victim, thereby threatening the victim.

2. This part of the facts charged is a crime stipulated in Article 283(1) of the Criminal Act, which constitutes a crime of non-prosecution pursuant to Article 283(3) of the Criminal Act. According to the records, the victim is the victim before the prosecution of this case is instituted.

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