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(영문) 서울남부지방법원 2014.01.06 2013고정3547

업무방해

Text

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

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

Reasons

Punishment of the crime

On July 2, 2013, the Defendant: (a) around 07:00 on July 2, 2013, the Defendant obstructed the victim’s agency’s agency business by force, on the ground that the victim’s cell phone agent operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D”); and (b) the victim could not engage in the business on the street; and (c) caused the victim’s removal of garbage in front of the above agency entrance to prevent customers from entering the entrance.

The Defendant, “2013 Go-Ma3782,” which was operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government, neglected waste on the street while drinking alcohol on the street in front of the mobile phone agency operated by the victim C, and obstructed the victim’s mobile phone sales business by force, on the ground that he told the victim of waste not neglected from the victim within the above agency around 17:50 on July 27, 2013, and told the victim that he would not drink or drink waste.

Summary of Evidence

"2013, 3547"

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on occurrence of a disaster;

1. "2013, 3782" of a photograph at the scene of damage;

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written statement of C;

1. A written arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to photograph suspects;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment.

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

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.