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(영문) 수원지방법원 2017.01.19 2016고정2840
업무방해
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

On August 12, 2016, the Defendant: (a) as the owner of the NAN vehicle B, replaced the ship at the “D” maintenance shop operated by the Victim C (V, South, and 43 years old); and (b) promised to repair the ship on August 22, 2016 due to the lack of parts.

While the Defendant, while driving a vehicle under the above conditions and driving on an expressway, was at a stop close to uneasible mind, due to warning, etc. on the instrument board, and was temporarily stopped on the instrument board, the Defendant: (a) placed the towing vehicle into the nearest maintenance shop because the sudden operation of the vehicle was avoided and no longer work; and (b) heard the horses that the cause of the vehicle is in the packer, and replaced the packer with the packer, and thus, repaired the vehicle.

On August 22, 2016, the Defendant found the “D” located in Osan City E on August 13:40, 2016, and caused the victim to drive the vehicle without properly explaining the breakdown of the driver, thereby making it clear that the victim would face a dangerous situation on the expressway, and accordingly, requested the victim to pay for the cost of replacement of the ship and towing the vehicle, but the victim rejected it.

The Defendant interfered with the victim's automobile maintenance business by force for about one hour, such as: (a) the Defendant, who is dissatisfied with the complaint; (b) the Defendant’s parking vehicle at the entrance of the above maintenance facility; and (c) the vehicle of other customers who want to enter the maintenance facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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