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(영문) 창원지방법원 2015.01.13 2014고정488
업무방해
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 2012, the Defendant demanded on September 2012, the Defendant, in the E-sing room of the victim D’s operation, which was located in the window C of Changwon-si, that the Defendant would not perform funeral services despite the expiration of the lease contract period between the Defendant F and the victim, who is the owner of the building, and obstructed the Defendant’s Kinging room business by force by forcing the Defendant to go to the customers who had been in the singing practice room.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of witness D;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on the statement by the police of some D;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

3. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On July 17, 2013, from around 17:00 to around 17:30, the Defendant: (a) expressed the victim’s voice in the E-sing practice room in the window of Changwon-si from around 17:0 to from around 17:30, in the instant case, the Defendant obstructed the victim’s practice of singing practice room business by demanding the victim to take a large amount of the victim’s “Chewing, ba,” and passing the disturbance to the victim; and (b) the customer in the singing practice room in the singing practice room is called “hinging out of the singing practice room.”

2. On July 17, 2013, the following circumstances acknowledged by the records of the judgment, namely, ① the Defendant visited the said singing practice room to demand delivery of the building to the victim D upon the termination of the lease term of the singing practice room, and the Defendant alleged that there was no interference with the victim’s business of the singing practice room, such as avoiding disturbance and attracting customers. ② On the day of the instant case, the witness H, who was a customer in the singing practice room, has a mixed singing in the singing practice room, and the victim’s husband, her husband, her husband.

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