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(영문) 서울중앙지방법원 2017.05.18 2017고단684
업무방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of the Company B and C, was unable to receive the construction cost of the E hotel in Gangnam-gu, Seoul (former: F hotel: G hotel) located in Gangnam-gu, and the right of retention was extinguished due to the loss of possession on July 2, 2014 while holding the said three-story and the 16-story and exercising the right of retention. However, on December 9, 2015, the Defendant filed a lawsuit with the Seoul Central District Court to seek confirmation of the right of retention against the said E hotel on June 1, 2016, and won the judgment in favor of the Defendant [the above judgment of the first instance, and the Seoul High Court of Seoul High Court of December 2, 2016 (Seoul High Court Decision 2016Na9744)] to receive the said request for confirmation of the right of retention against the Defendant on December 2, 2016, and was serving the said judgment in favor of the Defendant on July 26, 2015].

On July 15:00 on July 30, 2016, the Defendant mobilized service company employees, etc. at the above E hotel, and installed three container stuffs (6m, 2.2m, 3m in width) at the entrance of the above E hotel operated by the victim H, between underground parking lots and underground parking lots.

As such, the Defendant, as seen above, obstructed the victim’s hotel business by installing container stuffs in E’s emotional book, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H in the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with H;

1. A H statement;

1. Written opinions and accompanying documents;

1. Each judgment;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (including both cases of documents submitted to victims and accompanying documents);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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