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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
The defendant is a person working as an head or manager who manages facilities, boilers, electricity, etc. in Nowon-gu, Seoul.
At around 18:00 on March 3, 2015, the Defendant refused to accept the business transfer system and interfere with the victim’s privacy or management affairs by force, such as by failing to inform the location of the boiler, the location of the power source, the location of advertising signboards, etc. installed, and the operating method of the respective power distribution teams, on the ground that the victim E was unfairly dismissed the Defendant while accepting D.
Summary of Evidence
1. Each legal statement of witness F, G, H and I;
1. An interrogation protocol of the accused by the prosecution (including the G's statement part);
1. Each statement of H and I [the “comfort force” in the crime of interference with business under Article 314(1) of the Criminal Act includes not only assault and intimidation, but also pressure by social, economic and political status and royalty, as well as acts of making a certain physical state capable of suppressing a person’s free will or behavior, even if a person is not directly engaged in his/her business, and making another person unable or considerably difficult to perform his/her normal business as a result of the creation of a certain material state capable of suppressing a person’s free will or behavior. In addition, in the crime of interference with business, the term “comfort” includes not only interference with a particular business itself, but also extensively hindering the smooth progress of the business (see, e.g., Supreme Court Decision 2009Do4141, May 24, 2012). According to each of the above evidence, each of the above evidence reveals that the Defendant is a person in exclusive charge of the operation of D, who does not have the position or position of each of the above and its position of power distribution.