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(영문) 서울서부지방법원 2014.02.17 2013고정2276

업무방해등

Text

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

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

Reasons

Punishment of the crime

A. On March 28, 2013, at around 23:55, the Defendant obstructed the restaurant business by force, such as: (a) around March 28, 2013, at the “Ecafeteria” operated by the victim D in Seodaemun-gu Seoul Metropolitan Government, the Defendant: (b) was off his/her joint horse with his/her employees on the ground that he/she did not drink and drink while drinking together with his/her daily alcohol; (c) was booming off his/her two horses; and (d) was booming off his/her gas on the tables; and (d) preventing customers who were in the restaurant from eating.

B. The Defendant’s insult around March 28, 2013: (a) around 23:55.

항 기재 장소에서 식당종업원이 손님과 시비한다는 112신고를 받고 출동한 서울서대문경찰서 F지구대 경사인 피해자 G에게 “누가 신고해서 왔어, 눈깔을 콱 파버린다. 씨발놈아”, “나이도 어린놈이 내가 내 돈 주고 술을 마시는데 왜 참견을 하느냐, 씨발놈아 한 대 맞아볼래”라는 등 손님 10여명과 종업원들이 보는 가운데 큰소리로 욕설하여 공연히 피해자 G를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and G;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;