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(영문) 대구지방법원 서부지원 2017.01.20 2016고정821
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[2016 High 821] The Defendant is the owner of a building located in the Seogu-gu Incheon Metropolitan City, and the victim D (67 years old) from September 8, 2015, operated the “E member” by leasing the two, five, six and one story among the above buildings from September 8, 2015.

On November 22, 2015, the Defendant changed the electronic key number on the fifth floor in operation of the building, which has an artificial kidden room, and replaced the entrance door locks of the 1st floor cafeteria, and warns at the entrance of the 5th floor and the 1st floor. No one may use this address without the master’s permission.

Along with the warning of "the master white", the above member's related persons could not have access to it.

Accordingly, the Defendant interfered with the victim's hospital operation by force.

[2016 High 923] The Defendant is a lessor of a commercial building located in the Seogu-gu Seoul Metropolitan City, and the victim D is a lessee who leased the said commercial building 2,5,6 and the said 1st floor from September 8, 2015 to operate the E Council member.

On April 1, 2016, in the patient waiting room of the above member of the Council, the defendant was unable to accept the requirements of the defendant while the victim dialogueed to normalize the management of the hospital by defaulting on rents and various public charges between several months, and then damaged one of the fireworks that could not know the market price because the defendant was kept at the entrance of the patient waiting room.

Summary of Evidence

[2016 High Court Decision 821]

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on investigation (attaching a warning);

1. Each real estate lease agreement (record No. 127, 128);

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of report on internal investigation (Attachment of site photographs taken by a police officer of a terrestrial belt), and application of Acts and subordinate statutes to photographs of each field floor;

1. Relevant Article 314 (1) (Selection of Penalty) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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