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(영문) 의정부지방법원 2015.08.13 2014고정1952
업무방해
Text

1. The Defendants shall be punished by a fine of KRW 500,000.

2. The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. At around 13:00 on February 6, 2014, Defendant A, who had been working for the victim’s operations D, heard the victim’s words “I would have her fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly,” followed the victim’s disturbance, such as making the victim’s talking that “I would frily fly fly fly fly fly fly fly fly fly fly fly fly,” and

2. The Defendants: (a) around 09:00 on February 18, 2014, in order to receive dismissal allowances from the victim’s office in the victim F’s office located in Namyang-si, Namyang-si; (b) Defendant B: (c) was the victim with a large voice, “I will know about whether I will perform a funeral in this case”; (d) Defendant A reported the victim who want to escape from the job, and interfered with the victim’s D operations by force for about one hour, such as voice, “I will do so.”

As a result, the Defendants conspired to interfere with the victim's work.

Summary of Evidence

1. Legal statement of the witness F in part, and the witness G's legal statement;

1. The recording of statements by witnesses H in the second protocol of trial;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Articles 314 (1) and 30 of the Criminal Act concerning facts constituting an offense. Article 314 (Selection of Fine)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. On February 6, 2014, Defendant A and the defense counsel asserted that the crime of interference with business was not established immediately because they did not dispute at the office, and that they did not intend to interfere with business only with business with the victim.

The force of the crime of interference with business refers to all the forces capable of suppressing and mixing human free will, and whether it is practically a force, the time and place of the crime, the motive, purpose, number of persons, and the date and place of the crime.

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