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(영문) 서울북부지방법원 2018.01.12 2017고정632

업무방해등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 17:50 on October 9, 2016, the Defendant: (a) heard the horses that the Defendant would take drinking water from the World Cup without issuing an order for the addition of drinking water at “E” restaurant operated by the victim D, and (b) received an order for the addition of drinking water from F, an employee; (c) issued an order for the addition of drinking water; and (d) subsequently, “I see a large amount of drinking water that may be left continuously,” and repeatedly throw away drinking water contained in the World Cup on four occasions on four occasions, and repeatedly throw away drinking water, and tried to see it by using f.h. hand, and h., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f.,

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statements from witnesses D and F;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On October 17:50 on October 9, 2016, the Defendant: (a) heard that, without issuing an order for the addition of drinking water at “E” restaurant operated by D in Jung-gu Seoul Metropolitan Government, the Defendant brought drinking water pursuant to the World Cup; and (b) sought an additional order for the addition of drinking water from the victim F, an employee, to use the additional order for the addition of drinking water; and (c) then, “I see the large amount of drinking water that can be disposed of continuously, and repeatedly throw the drinking water contained in the World Cup on four occasions, and assaulted the victim by repeatedly throwting away the drinking water that is contained in the World Cup on four occasions, and trying to go back with the money that would go back with the capital.

2. The term “Assault” in the crime of assault is an exercise of physical or mental pain to a human body, and it does not necessarily require any contact to the body of the victim.