(영문) 의정부지방법원 2014.05.13 2013고단1616

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자간(%)

(영문) 의정부지방법원 2014.05.13 2013고단1616

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a milling body business in Yangju-si with the trade name “D,” and the victim E is a person who operates the iron manufacturing business, etc. with the trade name “F.”

From June 2012, the victim requested the Defendant to have the body of the parts of steel products produced by the victim, and leased the warehouse located in the above D factory from the Defendant, and the goods supplied after the body of the goods were stored in the above warehouse.

1. The Defendant, in order to receive the victim’s physical recovery cost from the victim’s dead body G, had the victim take mind that goods in custody in the above warehouse are not brought to the victim, and instructed the Defendant’s wife H, who is his employee, to stop the delivery of goods in the above warehouse before the victim pays the price for the physical recovery.

Accordingly, the facts charged that changed from the above D on September 4, 2012 by opening the entrance of the above warehouse, etc. do not contain the part of “to close the entrance of the above warehouse, etc.” but it appears that sufficient hearings have been made in relation to “to lock the door of the warehouse, locking the door of the warehouse, locking it,” and thus, even if recognized as above without changing the indictment, it is deemed that there is no disadvantage to the defendant’s exercise of his right to defense.

The above F’s employee prevented the victim from bringing goods in the above warehouse, and the Defendant called “to open the main warehouse of the body of body without four punishment,” upon receiving the victim’s employee I’s report from the victim’s employees I, thereby preventing the victim from taking out the goods in the above warehouse, from the time when the victim prepared a written statement of payment and a written confirmation to deliver the goods to the customer for about one hour until the delivery to the defendant.

Accordingly, the defendant is forced to deliver the victim's products.

유사 판례

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