(영문) 수원지방법원 2017.10.20 2016고단5758

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2017.10.20 2016고단5758

업무방해등

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From September 8, 2016, the victim C decided to take over the above-mentioned shop from E, a business owner, from September 8, 2016, with the trade name "D", and the above-mentioned shop operated the business.

around 10:00 on September 8, 2016, the Defendant found D’s “D” in the above “D,” and took the victim C with a large volume of voice, i.e., leaving the victim C to find the said E, and putting the victim into a bath, i.e., “Ehhhh”, etc., and repeatedly 20 minutes of the victim’s sound and sound.

Around 12:50 on the same day, the Defendant continued to find the victim C, who had been in the same place, expressed a large interest of “D” and expressed a desire to report to the police,” “I will ask the victim C to see or report to the police,” and the victim and the above E will come up with a large amount of voice by going to the victim and the above E after being contacted by the above E, and continued to go up to the victim and the above E., “I want to see a shot, a shot, and a shot to shot,” and “I will not enter the above shot for about one hour.”

Accordingly, the Defendant interfered with the business of accepting and operating the victim's interest by force.

Summary of Evidence

1. Each legal statement of witness E and witness C;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each statement of E and C preparation;

1. 112 Application of Acts and subordinate statutes on reported details;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had had been sentenced to suspended sentence due to the same and similar crimes, again committed the instant crime.

However, the victim has not been punished by the defendant, and the degree of interference with business has not been serious.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제314조 제1항

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