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(영문) 서울동부지방법원 2017.09.29 2017고정122
업무방해등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is operating a “A” language institute on the 4 and 5th floor of Songpa-gu D Building, and the victim E (57) is operating a “F” English private teaching institute in the same building.

A. From around 08:00 on May 6, 2016 to around 16:00 on the same day, the Defendant interfered with the construction work by obstructing the entry of door doors, the sole passage of which for construction of the partitions 402-2, Songpa-gu Seoul Metropolitan Government D Building, and delaying the construction work by force, such as preventing the victims from moving materials into their body.

B. On the same day as the above A. 13:00 on the same day, the injured Defendant inflicted bodily injury on the victim, such as “infection, tension,” which requires medical treatment for about 14 days by pushing the victim in the process of preventing him/her from committing any dangerous conduct.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G, H, and I;

1. Part of the witness J’s legal statement;

1. A photograph of the upper part of the body and a medical certificate of injury;

1. Application of the monthly rent contract for commercial buildings/stores, and the statutes governing the four-story building drawings of D buildings;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 257(1) of the Criminal Act (the point of harm), and the selection of fines, respectively, 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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Whether the organization requirements are met;

A. 1) As to interference with business, the defendant and his defense counsel asserts to the effect that construction of partitions, such as the facts constituting the crime in the judgment (hereinafter "the construction of this case") is only a single business, not a business which is the object of interference with business, but a business which is the object of interference with business, and that it does not constitute a business with protection value as a counter-social belt.

2) Determination A) Services in relation to interference with business are based on a job or social status.

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