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(영문) 서울중앙지방법원 2016.08.17 2016고정112

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On November 29, 2015, from around 21:20 to 22:00 the same day, the Defendant: (a) stated that “D” restaurant operated by the Victim C (32) located in Gwanak-gu, Seoul Special Metropolitan City from around November 29, 2015 to “D” restaurant, the Defendant is unable to enter by avoiding a disturbance; (b) no customers who were able to enter the disturbance and enter the place; and (c) the customers who are eating do not have meals.

By forcing the victim to resist, it interfered with the victim's restaurant business by force.

2. As the Defendant was informed of the disturbance from the victim E (34) who is the police official belonging to the Seoul Gwanak Police Station, which was dispatched after receiving a report on the disturbance at the time, place, as mentioned in paragraph 1, the Defendant publicly insultingd the victim by saying, “The police officers, scars, and scars are in this shape because they did not contain the Constitution,” and said, “the victim was sexually insulting.”

Summary of Evidence

1. Partial statement of the defendant;

1. Complaint (E);

1. Each legal statement of the witness C and F;

1. A written statement (C, F);

1. Application of Acts and subordinate statutes on field photographing images;

1. Relevant Article 311 of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, and the selection of fines for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;