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(영문) 인천지방법원 2016.12.22 2016고단6625
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the land in Incheon Strengthening-gun D (PP, 488), and the victim E is a person who operates the “F” restaurant on the land above.

On May 12, 2016, the Defendant, on the ground that the victim did not pay the price for the use of the above land at around 10:00, obstructed the victim’s restaurant business by force by putting about 26 strings with a height of approximately 1.5 meters away from the above land, thereby preventing customers from entering the above restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. On-site photographs (the defendant and his defense counsel continued to use the victim's business without permission despite the termination of the loan contract for use of the above land, and the victim's restaurant business is a right not to be protected by the crime of interference with business, and the defendant's construction of jums is a right not to be protected by the crime of interference with business, and the defendant's construction of jums, leaving the vehicle in the parking lot, so the victim's business is not interfered with the victim's business. However, the victim's possession is not launched by illegal deprivation, etc., but is not a right not to be protected by the crime of interference with business (see, e.g., Supreme Court Decision 86Do1372, Dec. 23, 1986). The "in the crime of interference with business" includes not only interference with the execution of business itself, but also wide interference with the management of business (see, e.g., Supreme Court Decision 98Do3767, May 14, 1999).

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