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(영문) 의정부지방법원 고양지원 2018.02.07 2017고정455
업무방해
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant used 82 square meters among 337.5 square meters of a factory building located in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul on November 25, 2015 from the victim D who operated the factory in the above building.

1. On August 20, 2016, the Defendant removed the overall distribution of electricity to the joint office used with the victim among the factory buildings that caused conflict with the victim for reasons such as rent arrears, etc. from the above factory building, and prevented electricity from being supplied to the above office. On November 5, 2016, the Defendant obstructed the work of the Defendant’s factory operation by force by preventing electricity from being supplied to the victim’s workplace by supplying electricity to the victim’s workplace among the factory buildings due to the same problem in the above factory building, and cutting off or extracting electric wires from another whole other distribution to the victim’s workplace among the factory buildings.

2. On September 30, 2016, the Defendant interfered with the business of the victim’s factory operation by force, such as: (a) driving a freight vehicle from the above factory building for the same reason as paragraph (1); (b) leaving the vehicle immediately front of the entrance of the factory; and (c) allowing persons related to the factory, including the victim, to remove goods in the factory.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A report on investigation (including photographs of the joint office, accompanying materials, and accompanying materials);

1. Application of statutes on site drawings and site photographs of the case;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. The main sentence of Article 62(1) of the Criminal Act (the main sentence of Article 62(1) of the Act on the Suspension of Execution (In light of the background of the crime of this case, degree of damage, circumstances after the crime, etc., some of the circumstances may be taken into account for the defendant, and the defendant has no record of punishment exceeding the fine and of the same kind

1. Detention in a workhouse (a fine shall be imposed when a sentence of suspension of execution is invalidated or revoked;

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