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(영문) 청주지방법원 2016.08.18 2016고정461
업무방해등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On March 10, 2015, the Defendant interfered with the business of the Defendant: (a) prevented the supply of electricity, etc. under the above 5402 unit through D, a manager of the said sports center, on the ground that C, a lessee of Seongbuk-gu Seoul Building 4.5402, did not pay monthly rent, etc.; and (b) obstructed the victim E’s non-business, who is employed as the above 5402 unit office with the permission of use under the above 5402 unit C, by force.

2. On May 29, 2015, the Defendant damaged the unlocked of the market price by breaking the locked owned by the victim E, who was corrected by the dracker, in order to verify whether the dracks, etc. were located in the office in front of the fourth floor of the Seongbuk-gu Seoul building B, Seongbuk-gu, Seoul, 5402.

3. On May 29, 2015, the Defendant: (a) opened a door and intruded on the victim’s residence in order to verify whether the victim E had a house straw, etc. inside the office, which was used as a residence and office; (b) around 5402, the fourth floor of the building B, which was used by the victim E as a residence and office.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. A certificate (F);

1. Application of the Act and subordinate statutes to a copy of the contract for the commercial lease No. 5402, supra, a B apartment sports center;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing duties by force), Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, the selection of fines for a 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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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