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(영문) 의정부지방법원 2018.07.25 2018고정589
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. Around September 21, 2017, the Defendant intruded into a structure that the victim D uses in the Gyeonggi-do Seocheon-gun C, Gyeonggi-do, and intruded into the structure that the victim occupied by entering the warehouse through the entrance of the warehouse to take the house, such as farming equipment, etc. of the victim.

2. The defendant who interferes with the business of the defendant shall take out agricultural equipment, such as fryboards, pesticide boxes, water lakes, and grances, which are used by the victim D, stored in the above warehouse at the time, and in front of the warehouse;

In addition, it interfered with the victim's agricultural company's business by force by fixing a tree sicker on the door of the above warehouse and preventing the victim from entering the warehouse.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the defendant (the second public trial date);

1. A report on investigation (related to photographs submitted by a complainant);

1. On-site photographs (the obstruction of business does not require that the result of the obstruction of business actually takes place due to an abstract dangerous crime, but is sufficient when the risk of causing the obstruction of business arises (see Supreme Court Decision 2000Do3231, Mar. 29, 2002). Thus, in front of a warehouse, the mother board, pesticide board, etc. inside the warehouse used by the defendant is taken by the victim;

In the event that the warehouse is corrected, the victim's danger of interference in relation to the farming business has occurred.

As such, the application of statutes does not affect the gender of the crime of interference with business

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 319(1) of the Criminal Act (the point of intrusion on a structure) and the 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act (the act of the defendant and his defense counsel entering the structures held by him and leaving the victim's farming equipment out of the warehouse;

The purpose of the act, etc. fixed to the wooden period, is to discontinue illegal possession of the victim.

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