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(영문) 대전지방법원 서산지원 2013.11.22 2013고정201

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:09 on January 29, 2013, the Defendant: (a) avoided disturbance in a way that the Defendant was able to find in the “D beauty room operated by the victim in the victim in the Sinjin-si, because he was not in contact with the victim on the ground that he was not in contact with the victim on the ground that he was in contact with the victim on the part of his husband; (b) opened the smoke string to the free will of the container for eating; and (c) found the said beauty room again at around 15:19 on the same day, the Defendant interfered with the victim’s beauty room business by force by preventing the customers who want to enter it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of field photographs and Acts and subordinate statutes governing victim mobile phones;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the fact that the victim submitted a written withdrawal of a complaint to the defendant on November 4, 2013. It is so decided as per Disposition by the assent of all the circumstances, including the Defendant and the victim’s relation, motive for the crime, Defendant’s age, and criminal record.