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(영문) 부산지방법원 동부지원 2017.05.11 2016고정1178
업무방해등
Text

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

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has no certain occupation because he/she has taken care of or does not engage in religious activities.

1. On August 3, 2016, around 19:52, the Defendant damaged the entrance and exit apparatus by means of cutting off glass door door and cutting off approximately 45 times in secret and cutting off the door, on the ground that the entrance was corrected, the Defendant visited the port of noise damage with drinking alcohol at the E-Housing Redevelopment Site Office built in Suwon-gu, Busan Metropolitan City.

Accordingly, the defendant damaged the victim's door door-gate correction device (repair 605,000 won) in favor of the victim's field office.

2. Obstruction of business;

A. At the same time and place as Paragraph 1, the Defendant visited the next site office of noise damage port at the construction site, and intending to open the entrance, such as “to cut off the opening,” etc., and opened the entrance, thereby obstructing the work of the victim for approximately 20 minutes by exercising force, such as cutting off the entrance doors of the second floor third floor by setting up the entrance doors of the second floor.

B. On August 26, 2016, around 12:30, the Defendant demanded the victim’s head office located in F at the one-story street, “A” due to the act of “A” and “A” to refrain from opening and repairing the entrance and filing a complaint if not repeated in the future at the site office, the Defendant interfered with the victim’s work for approximately 30 minutes by exerting force, such as “at the site office, the Defendant was subject to intimidation by writing each letter at the site office, and committing acts, including “the president-at-law and the president-at-law, Nara,” etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, respectively;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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