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(영문) 광주지방법원 2017.06.29 2016고정1885
업무방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a remodeling constructor of the building of the Support Center for Older Persons in Seo-gu, Seo-gu, Gwangju, and the victim E ( South and 34 years old) is a representative of the Support Center for Older Persons.

1. On September 2, 2016, the Defendant interfering with business: (a) Gwangju Seo-gu around 08:00

C. Although having completed a waterproof construction work at the entrance of the first floor of emergency stairs located on the third floor of the building of the medical center for the elderly with "D", the victim could not use the stairs by force by putting the materials on the stairs passage and blocking the passage of the materials on the ground that the victim did not pay the construction cost.

2. The Defendant who refuses to withdraw from the Seo-gu, Gwangju around September 2, 2016

C. Although the victim E was demanded to demand construction cost from the victim E within the 3th floor office of the Elderly Care Center, it was demanded that the victim “D will undergo a completion inspection and offer KRW 5 million.”

However, the defendant did not respond to the request for the withdrawal of the victim without justifiable reasons until the police officer, who opened around 14:39 on the same day, arrives at the office until he/she arrives.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes to the construction and replies of Seodaemun-gu Offices;

1. Relevant Article 314(1) of the Criminal Act, Article 314(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, and Article 319(1) of the Criminal Act, and selection of fines for the crime;

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. The Defendant asserts that the illegality of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act constitutes a justifiable act, since the Defendant’s crime was due to the Defendant’s failure to receive construction cost, thereby exercising the right of retention.

According to each evidence of the judgment, the victim was already the victim at the time of the instant case.

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