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(영문) 전주지방법원 군산지원 2019.01.11 2018고정317
업무방해
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

1. On September 12, 2017, the Defendant attached a warning letter to the entrance to the entrance of the D 7 building where solar power facilities of the victim C management were installed in the following cities: “This solar machinery and assets are the assets of the Note E. It is the civil and criminal liability at the time when other person intrudes into or damages to the territory of the Republic of Korea without permission.” On the inside of the warning letter, the Defendant interfered with the victim’s management of the said solar power facilities by blocking all of the above solar power facilities without permission and by force.

2. On September 15, 2017, the Defendant: (a) entered the D 7 building of the foregoing paragraph (1) in the D 7 building; and (b) obstructed the victim’s management of the above solar power infrastructure by force by blocking all of the solar power infrastructure prescribed in paragraph (1) without permission.

3. On September 19, 2017, the Defendant entered the D 7 building of the above Paragraph 1, and obstructed the victim’s management of the above solar power infrastructure by force by blocking all of the solar power infrastructure prescribed in paragraph 1 without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. A sales contract and a sales contract;

1. Investigation report (foreign telephone conversations outside the case);

1. Application of the Acts and subordinate statutes on warning paper, starting device photographor;

1. The defendant asserts that his act does not constitute interference with business since he purchased the relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, and acquired the ownership of solar power generation facilities at issue.

However, the term "business" subject to protection of the crime of interference with business under the Criminal Act is an occupation or a continuous business, which is worth protecting from infringement by another person's illegal acts. Since such business is not necessarily necessary to be lawful or valid, it is a business worthy of legal protection. Whether it is a business must be done in a peaceful manner.

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