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(영문) 서울중앙지방법원 2018.04.12 2017고정3664

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On September 26, 2017, around 17:00 on September 26, 2017, the Defendant heard from the injured party in the “E” restaurant operated by Jongno-gu Seoul Metropolitan Government Victim D (Woo, 79 years of age) that the Defendant could not receive the victim as a customer because the Defendant was drunkly under the influence of alcohol, and assaulted the victim by making the victim’s chest part of the victim’s breast part one time by hand.

2. The Defendant, at the time, at the time, at the places specified in the above paragraph 1.1. and at the place, expressed that “The Defendant openly insulting the victim by openly insulting the victim by referring to “a series of the year hack hack hack and hack of the same year hack hack of the same year hack hack hack, the hack hack of the same year hack.”

3. The Defendant, at the time, at the time, and at the place specified in the above paragraph 1. 1. and at the same time, committed assault to the above victim or b. as described in the above paragraphs 1. and 2., and committed noise to customers in front of the restaurant entrance, etc., he was unable to do so for about one hour and 40 minutes.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Each legal statement of witness F and D;

1. Statement made by the police against D;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines, respectively, for the crime;

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

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;