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(영문) 서울북부지방법원 2015.11.19 2015고정1776

업무방해

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. At around 03:00 on March 18, 2015, the Defendant interfered with the victim’s restaurant operation by force, such as drinking alcohol, drinking alcohol as a day-to-day, drinking alcohol to other customers, taking a bath for about 30 minutes, and driving off customers, etc. in the Dongdaemun-gu Seoul Metropolitan Government Da.

2. The Defendant returned home to the Defendant upon receiving a report on the Defendant’s act as set forth in paragraph (1), but at around 04:20 on March 18, 2015, the Defendant found the Defendant again at the place set forth in paragraph (1) and obstructed the Defendant’s operation of the restaurant by force for about 30 minutes in the same manner as that set forth in paragraph (1).

3. On March 18, 2015, the Defendant, upon receiving a report, returned home to the Defendant, and obstructed the Defendant’s operation of the restaurant by force for about 30 minutes by finding the place specified in paragraph (1) again at the place specified in paragraph (1) and by using the same method as described in paragraph (1).

4. At around 21:00 on March 20, 2015, the Defendant interfered with the victim’s restaurant operation by force for about 20 minutes, including: (a) the victim G in Dongdaemun-gu Seoul Metropolitan Government (F); (b) the victim G was seated on the table table of the other customers while drinking; (c) the other customers boomed with alcohol without his/her permission; and (d) the sound of customers.

5. The Defendant returned home to the Defendant upon receiving a report on the Defendant’s act as set forth in paragraph (4), but at around 21:30 on March 20, 2015, the Defendant found the Defendant again at the place set forth in paragraph (4) and obstructed the Defendant’s operation of the restaurant by force for about 20 minutes in the same manner as that set forth in paragraph (4).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;