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(영문) 인천지방법원 2013.07.19 2013고정957
업무방해
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,000,000,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A and B are the joint owners of G Hospital buildings located in the Namdong-gu Incheon Metropolitan City F (hereinafter referred to as the “instant building”); Defendant C is a selling director of HH corporation that newly built the instant building; Defendant D is the managing director of the instant building; Defendant I is the head of the G Hospital who leased the instant building, and the victim I is the head of the office of G Hospital who is working for the head of the office of the relevant G Hospital.

1. The Defendants conspired with each other on September 14, 2012, and around 01:00 of the same month, on September 14, 2012, and around the 01:00 of the same month, the Defendants’ co-offenders posted red presse letters that slander the hospital such as “Fraud, hospital name,” etc. at the entrance parking lots, underground parking lots, parking lots 1, 2, and 3th floor entrance of the instant building, elevator entrance, second floor elevator entrance, elevator entrance, first floor, inner glass windows and floor, and the elevator entrance of the first floor, thereby obstructing the operation of the hospital by force of the victim.

2. On September 24, 2012, Defendant A: (a) around 23:00 on September 24, 2012, the water pumps located on the first floor of the instant building were cut off due to the delinquency in water supply; (b) paid part of the amount in arrears; and (c) released a fraction from the water pumps; and (d) the victim who urgently needs water from the water pumps to operate the pumps and did not open the doors with the knowledge that he/she would want to use the pumps immediately, thereby obstructing the victim’s hospital operation by force.

Summary of Evidence

1. The defendant A and B's partial statement

1. Legal statement of a witness I;

1. Each police suspect interrogation protocol against Defendant C and D

1. Application of statutes on field photographs and CCTV photographs for committing crimes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Article 314(1) of the Criminal Act; Article 30 of the Criminal Act; the choice of fines

B. Defendant A: Article 314(1) of the Criminal Act; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Reasons for not less than Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.

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