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(영문) 서울남부지방법원 2013.04.08 2013고정864

업무방해

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

At around 02:30 on December 31, 2012, the Defendant: (a) expressed the victim C (at the age of 48) who was in Guro-gu Seoul Metropolitan Government, desireed to read “we will not drink; (b) if the victim reported to the police, I will be sentenced to a fine; (c) will not be sentenced to a fine; and (d) expressed the victim’s desire to read “I will do so” to two customers on other tables, and thereby interfere with the victim’s restaurant business by drinking alcohol and drinking it for about two hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes on reports on the use of police gear;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.