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(영문) 서울중앙지방법원 2014.10.30 2014고단6317
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 12:00 on April 13, 2014, the Defendant interfered with the business of the Defendant: (a) obstructed the victim’s C sales business for about six hours by force, such as: (b) the victim’s unpaid rents in the subway station C sales stores operated by the victim B in the subway station history of the Dongjak-gu Seoul Metropolitan Government, on the ground that the victim did not pay rents. (c) The Defendant interfered with the business of the victim’s C sales business for about six hours by force on the ground that the victim did not pay rents.

2. Around 01:00 on April 17, 2014, the Defendant: (a) destroyed the victim’s business house at C stores operated by the victim B under the above paragraph (1) to arbitrarily remove the user’s rent from the store; (b) damaged the victim’s business house at his/her location, which is the victim’s possession, with a locker, and intrudes into the said store; (c) then, around 03:00 on the same day, the victim’s business house at C stores operated by the victim B, including the air conditioners, ice sprinks, and calculating devices, carried approximately 20 points out of the store; and (d) prevented the victim from carrying out his/her business in the said store by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Damage photographs;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, the selection of a fine for the crime (the fact that the unpaid rent for the victim was the cause of the case);

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. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.

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