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(영문) 서울북부지방법원 2013.05.28 2013고정1248

업무방해등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 14, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of injury in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on January 4, 2013, and was confined to prison due to the assault case around April 2012, and was dismissed by the victim B taxi company.

1. Interference with business;

A. At around 03:00 on December 26, 2012, the Defendant, at the victim B taxi office managed by Dobong-gu Seoul Metropolitan Government Standing D, found and dismissed in the above office while under influence of alcohol, did not take retirement benefits, and took a bath, and obstructed the victim’s duties for approximately 30 minutes by avoiding disturbance.

B. At around 07:00 on the same day, the Defendant continued to find and take a bath again in the above office, and obstructed the victim’s work by setting up the entrance.

C. At around 11:30 on the same day, the Defendant continued to find it again in the above office, and interfered with the victim’s duties for about 30 minutes, including the Defendant’s lab “Ne Chewing flaz.”

2. The Defendant damaged another person’s property in an amount of KRW 10,000,00 for estimate of repair by putting the above management office Aluminium entrance at the time stated in paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

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