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(영문) 대전지방법원 천안지원 2013.12.19 2013고정1161
업무방해
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C are the vice-chairpersons of the “L basin 5-day merchants’ association” in Asia-si, and M are the general affairs; Defendant D is the 1able block team leader; Defendant E is the 2able block team leader; Defendant F is the 4able block team leader; Defendant G is the 5 B block team leader; Defendant H and Defendant I are the auditors; and Defendant J is the advisory members.

At around 10:00 on February 14, 2012, at the office of the five-day merchant's association located in K in Asan-si, Asan-si, the Defendants decided to call an urgent ad hoc meeting for the reason that the victim P, a member of the merchant's association, filed a suspicion of embezzlement of the membership fee of N and the general managerO, and filed a petition and a complaint with N and Isan-si, to prevent the victim from unilaterally expulsion at the merchant's association and deprived of the funeral. At around March 9, 2013, N andO stored two parts of concrete materials in the 17-day market at the same five-day 1st block (130cm x 130cm x 115cm x 115cm).

Accordingly, the Defendants conspired with N orO and interfered with the victim's street store business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect examination protocol against the Defendants and M;

1. Statement of the police statement on P;

1. A copy of meeting minutes, a copy of the decision of the 10th civil history branch court of the Daejeon District Court, and the application of statutes governing photographs of damage;

1. Article 314 (1) and Article 30 of the Criminal Act as to the facts of the crime, the selection of fines, and the selection of fines;

1. Articles 70 and 69(2) of the Criminal Act (each day, 100,000 won);

1. Article 59 (1) of the Criminal Act (limited to a suspended sentence: 300,00 won per fine);

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