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(영문) 서울남부지방법원 2014.05.26 2013고정3197

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

On November 20, 2013, the Defendant was sentenced to eight months of imprisonment with labor for the crime of interference with business, etc. in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on February 14, 2014.

1. Around 00:05 on February 16, 2013, the Defendant assaulted the victim E (the 44 years of age) who satising music at a stage in Yeongdeungpo-gu Seoul Metropolitan Government on the main point of “D” located in Yeongdeungpo-gu, Seoul, and assaulted the victim by satising the victim’s left face by satising the victim’s satisfa at one time and in his/her hand.

2. The Defendant interfered with the business of the victim by force, such as breaking the alcohol residues on the table table at the same time as the preceding paragraph, and the victim F’s main point operated by the victim F, and breaking the disturbance, and taking the bath in a large amount, thereby interfering with the victim’s main business by force.

Summary of Evidence

1. Each legal statement of witness F, E, and G;

1. The police statement concerning F;

1. Photographs of damaged parts (E);

1. Previous convictions in the judgment: Application of a copy of the judgment (No. 2013 Highest 1582), case search data (No. 14 February 14, 2014), and statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act and the choice of a fine for the crime, the applicable Article of the Criminal Act and the choice of a fine for the crime;

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

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;

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

1. Article 186(1) of the Criminal Procedure Act bearing litigation costs [160,00 won for witnesses = 53,000 won for witnesses: 54,000 won for witnesses E-54,000 won for witnesses (= 50,000 won for daily travel expenses per day) (= 50,000 won for travel expenses of KRW 4,00 for daily travel expenses of KRW 50,000) for witnesses] G 53,000 won for witnesses (= 50,000 won for daily travel expenses of KRW 3,000 for each day)