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(영문) 서울중앙지방법원 2016.05.26 2016고정896
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A around December 1, 2014, by transfer from E, a corporation that operated “D Mariba” located on the first floor of the Dongjak-gu Seoul Metropolitan Government underground 1, and registered the above Mariba in its name from March 1, 2015, and operated the above Mariba, while Defendant B is an employee of the above Mariba.

Defendant

A around April 2015, through Defendant B, who is an employee, sent a letter of cooperation to the victim G (the 58 years old) and the victim H (the 66 years old) who leased and operated a sugar store in the above friendship through Defendant B, which had been operated, to pay 300,000 won of the monthly management expenses, including electricity and water rates, but the victims continued to operate the store without paying the management expenses.

Accordingly, between May 19, 2015 and around 01:00 on the same day, Defendant B: (a) reported that the Korea Electric Power Corporation cut off the electricity of the entire building of the above building including a hot spring store, and carried out electric inspection and return to the same day; (b) again, Defendant B prevented electricity by setting the electric blocking machine for the building at the time of normal operation of the building; and (c) Defendant A reported that the electricity of the above store was cut off from Defendant B around May 24, 201, while Defendant B continued to maintain the electricity of the above store in a state of blocking the electricity of the above store.

As a result, the Defendants conspired to interfere with the victims' stores operations by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. A contract for cooperation or lease of real estate;

1. Application of Acts and subordinate statutes to a criminal investigation report (D shooting and photographing a spawn);

1. Relevant Article 314 of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act (Selection of Fines) concerning facts constituting an offense;

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

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

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