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(영문) 대전지방법원 2015.08.27 2014고정1791
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 2013, the Defendant agreed to use the office of the Defendant in the Seo-gu and Seo-gu, Daejeon Metropolitan City as the condition that the Defendant bears monthly rent, management expenses, public charges, etc. of the above office.

At around 19:00 on May 3, 2014, the Defendant changed the password of the office entrance without the consent of the victim to prevent the victim from continuously using the office for the purpose of allowing the victim to do business on the grounds that the amount borrowed by the victim was not repaid to the defendant.

Accordingly, the Defendant interfered with the victim's solicitation of business investors and the storage of goods by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument C promised to leave the office by April 30, 2014 and to arrange the articles. The defendant did not leave the office and did not organize the articles even after the above date and time has elapsed.

Therefore, there was no intention to obstruct the defendant's business.

2. “Business” subject to the protection of the crime of interference with business under the Criminal Act for the crime of interference with business is an occupation or a business engaged in continuously or continuously, which is worth protecting from infringement by another person’s unlawful act. Since such business is not necessarily required to be lawful or valid, it is determined depending on whether the business is a legally worth protecting. The issue of whether the business is a business has become a foundation for social activities by making it a peaceful and peaceful, and there is a substantive or procedural defect in

Even if so, the degree of social life is common.

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