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(영문) 인천지방법원 부천지원 2019.02.14 2018고정705
업무방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the management body of "C", and the victim N is the representative director of the management body of "O" who conducts the business of manufacturing and selling LED lighting.

1. At around 11:00 on May 24, 2018, the Defendant instructed Qu, who is unaware of circumstances, to take a full-time measure against the above P by ordering the electricity of the “O” office of the building E E in Kimpo-si, Kimpo-si to the management office for the reason of delinquency in management expenses, thereby preventing the installation of the warning devices of the P-ho, which are stored in approximately KRW 1 billion products, and by force, preventing the sale of the Internet, thereby hindering the victim’s operation of the company.

2. On June 14, 2018, around 13:30 on June 14, 2018, the Defendant: (a) instructed the head of the management office Q, Q, who is aware of the fact that the victim was not an occupant who prepared a fixed contract in the office of “O” under the building P, Kimpo-si; and (b) obstructed the victim’s operation of the company by ordering the head of the management office Q, who was not aware of

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness N and R;

1. Each police statement of N, R, Q and S;

1. Application of on-site photographs, specifications of management expenses under subparagraph 1, and statutes on payment receipts;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion (1) The victim deceivings R who manages the PP of this case as if he were to be used by the occupant council to possess and use the PP of this case, and is not protected for the crime of interference with business.

② Also, the instant act leads to doubt as to whether the actual consequence of the victim’s business operation occurred, and ③ According to the management rules of E-building, the lessee is still unpaid.

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