beta
(영문) 서울동부지방법원 2021.02.18 2020고단1934

업무방해등

Text

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

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

Reasons

Punishment of the crime

On June 9, 2020, from around 23:21 to 23:37 of the same day, the Defendant was able to avoid a disturbance between about 15 minutes of the above victim C (hereinafter referred to as “D”) in Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter referred to as “W”) by drinking at the “D” restaurant where the victim C (hereinafter referred to as 36 years of age) was employed by this employee, with a sound without any particular reason, and let the victim get out of the floor, and then let the 15 minutes of the table back to the table, and let the table back to the table, and make it difficult for the victim to respond to the customer, and make other customers who used the meal at the above restaurant play play play, and caused damage to the table of 120,000 won at the market price managed by the victim, and prevented the use of the table by separating the 10,000 won of the market price attached to the above table.

Accordingly, the defendant, by force, interfered with the victim's restaurant business and damaged the victim's property at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of CCTV at the scene of occurrence and the extent of damage);

1. Article 314 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Taking into account the fact that an agreement is reached with the owner of a cafeteria with the reason of the sentencing of Article 334(1) of the Criminal Procedure Act and the fact that the mistake is pened in depth.