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(영문) 인천지방법원 2013.12.20 2013고정3376
업무방해등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around August 2012, the Defendant requested the payment of medical expenses to the victim and had a dispute relation with the victim on the ground that the “E pharmacy” of the victim D’s operation in the Nam-gu Incheon Metropolitan City, had gone beyond the stairs of the entrance of the above pharmacy.

1. From March 27, 2013 to around 22:30 on the same day, the Defendant interfered with the operation of the victim’s pharmacy by force for about 10 hours on the grounds that the Defendant demanded the victim to pay medical expenses for the foregoing reasons, and the victim refused to do so. In doing so, the Defendant obstructed the victim’s operation of the pharmacy by force for about 10 hours, by putting his/her own face in the pharmacy, putting him/her away from the pharmacy, standing him/her on his/her own, standing him/her out of the pharmacy, and allowing him/her to take a smell off the pharmacy.

2. Withdrawal of the Defendant: (a) around March 27, 2013, at the E pharmacy around 22:30, the Defendant was demanded to leave the pharmacy to leave from the victim D; (b) on the ground that he did not hear clear talk about the payment of medical expenses from the victim; and (c) the Defendant did not leave the pharmacy and did not leave the pharmacy to the victim.

The Gu did not comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the first police interrogation protocol against the accused;

1. Statement of the examination of the witness in relation to D of this court;

1. Entry in the record of the verification of CDs in this Court;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment toCCTV image output);

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, the selection of fines for the crime;

1. Of 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 the detention of a workhouse;

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

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