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(영문) 서울북부지방법원 2016.03.09 2015고정2339

업무방해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, from around 14:20 on July 14, 2015 to 14:50 on the same day, within the “D coffee shop” set up by the Victim C (V, L, 21 years old) located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant, on the ground that the Defendant prevented the Defendant from disturbing the Defendant’s person’s business.

“Along with the desire to engage in a dynasium, it interfered with the business of the victimized party’s coffee shop by force by avoiding the disturbance through the body of the injured party and allowing the customers on the coffee shop to leave the disturbance.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to report internal accidents (in cases of visual CCTV images recorded on the spot), investigation reports (in the case of visual images recorded on the spot), and investigation reports;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

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