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(영문) 서울중앙지방법원 2016.11.16 2016고정2938

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 15, 2016, around 15:10 on July 15, 2016, the Defendant obstructed the business of the victim for about 20 minutes by force, by failing to enter the victim’s business, such as: (a) the E Maccop in which the victim D works in the C market located in Gwanak-gu, Seoul Special Metropolitan City; (b) the customers who are able to see the victim’s sexual intercourse with the victim without any particular reason; or (c) preventing the victims and other employees from responding to the customer.

2. Around 16:20 on the same day as the above paragraph (1) and 16:20 on the same day, the Defendant abused the victim G, a police officer affiliated with the F District District, who was dispatched after receiving a report of D 112 of D’s 112 due to interference with the business under the above paragraph (1), by referring to the victim G, who was a police officer affiliated with the F District District, to “I nee and feas, e.g., e., typul., e., typ.

Summary of Evidence

1. Statement of each police statement related to D and G;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Fine) and Article 311 of the Criminal Act concerning criminal facts;

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