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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On March 2017, the Defendant, a person operating G Co., Ltd. E in Kimhae-si, entered into a partnership contract with the victim F on the production and sale of off-to-face aggregate.
1. On November 21, 2017, the Defendant: (a) around November 21, 2017, at the aggregate production plant located in Kimhae-si, Kimhae-si, Kim Jong-si around 16:00, the Defendant interfered with the victim’s business of producing tin aggregate by force by cutting the electric lines of criters operated under the direction of the employees of the said Co., Ltd.; and (b) stopping the operation of criters’ electric lines operated under the direction of the employees of the said Co., Ltd.; and (c) dismantling the said machinery.
2. On November 23, 2017, the Defendant: (a) around 09:30 on November 23, 2017, at the aggregate production workplace located in Kimhae-si, Kimhae-si; (b) during the dispute with the victim due to the settlement of profits arising from the termination of a contract for the same business; and (c) during the dispute between the victim and the payment of the cost of the cracking machinery, which was operated under the direction of the employees of the said Co., Ltd., the Defendant laid down the main parts of the crack machinery, which was operated under the direction of the employees of the said Co., Ltd., using the cick, suspended its operation
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to F;
1. Each statement of I, J and K;
1. On-site photographs;
1. The contract for the production and sale of aggregate from the offline (the defendant did not have any force or intention to obstruct the business, but the evidence at the time of the instant case can be sufficiently recognized that there was sufficient force or intention to suppress the victim's free will at the time of the instant case).
Application of Statutes
1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;
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 concerning the order of provisional payment;