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(영문) 서울남부지방법원 2013.05.21 2013고정546

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 3, 2012, around 20:15, the Defendant interference with business indicated “second floor” in the third floor indictment of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, but is recognized by the witness E’s legal statement.

The victim E, an employee (manager) in the D's entertainment room, called "to make the defendant unable to operate the entertainment room business" on the ground that the equipment of the entertainment room is not available even if the equipment of the entertainment room is influent, and the victim's entertainment room operation was obstructed by force over about 15 minutes by avoiding disturbances such as caring off the entertainment room machinery and waste strings.

2. The Defendant, as described in the preceding paragraph of assault, went out of the building of the said entertainment room, along with the victim E (manam and 47 years of age), and on November 3, 2012, the Defendant stated that “the Defendant was the victim and the Si expenses, and the left hand bill of indictment,” while continuing to go out of the building of the said entertainment room at the front of Yeongdeungpo-gu Seoul Metropolitan Government on November 3, 2012. However, as above, the Defendant was admitted by the witness E’s legal statement.

As a result, the breath of the victim was flicked, and the victim was assaulted by walking the victim's sathn part of the sathn part of the victim at one time.

Summary of Evidence

1. The witness E’s legal statement and the written statement of G Preparation of the witness F, the evidence of the Defendant’s legal statement, are insufficient for the witness E to impeachment the credibility of the legal statement made in this Court over both days on April 23, 2013 and May 7, 2013.

1. A written arrest of a flagrant offender;

1. On-site reports;

1. Application of statutes on photographs of damage;

1. Relevant Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) that stipulate the applicable provision on criminal facts, the choice of punishment (the point of interference with business, the selection of fines).

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.