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(영문) 수원지방법원 2017.07.05 2017고정1186
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 3, 2015, the Defendant, along with B on November 3, 2015, was awarded the bid for two buildings on the land and the buildings on the land at auction, and supplied electricity and water to E church, which is a unregistered building operated by the victim D. on the land.

1. Obstruction of business;

A. At around 09:00 on May 8, 2016, the Defendant found in the above E church that the victim D did not install the electrical measuring instrument, thereby obstructing the work of the church by blocking the supply of the electricity of the church operated by the victim, which was installed in the building at which the victim D was put on auction.

B. On August 11, 2016, at around 09:00, the Defendant: (a) installed the floor repair works of the parking lot in the above E church; (b) discovered water supply pipes used by the victim during the process of selling the land; and (c) obstructed the church affairs by blocking electricity and water supply to the church operated by the victim, which caused the damage to the victim, due to the defect of the report to the police; and (d) found the water supply pipes used by the victim during the water supply contract period.

2. The Defendant damaged property by blocking the supply of electricity to E church operated by the injured party, such as the above 1.-B. By blocking the operation of the Kimchi cooling in that place, the market price of kimchi was deteriorated and damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to photographs of deteriorated kimchis, photographs (in the form of repairing sewage in a church), letters, mergics and photographs submitted by the complainants;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is around 18:00 on December 3, 2016.

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