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(영문) 서울중앙지방법원 2017.06.22 2017고단2566

업무방해등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On April 6, 2017, at around 00:20, the Defendant: (a) was under the influence of alcohol before the entrance of “F party room” operated by the Victim E (45 Do) located on the first floor above the Gwanak-gu Seoul Special Metropolitan City D D, but, (b) the Defendant was refused to enter the victim with the phrase “if he is a member of a business establishment, he is easy to be a member, who is not a member, a division which is different; (c) thereby preventing the front of the entrance; and (d) preventing the victim from having the front of the entrance.

It was difficult to avoid an disturbance for about 30 minutes from the time of 00:50 on the same day, for instance, harming other customers who have satisfyed with a large sound, and satisfying with a large amount of money.

Accordingly, the defendant interfered with the victim's party funeral business by force.

In addition, from July 27, 2016 to April 12, 2017, the Defendant interfered with the victims' work by force over 14 times in total, such as the list of crimes in the attached list of crimes.

2. Around March 13, 2017, the Defendant reported the violation of the Punishment of Minor Offenses Act to the effect that “A(C) and six(s) assaulted a group of language, and, at the entrance of the H head office, prevailed at the entrance of the H head office.”

However, in fact, the defendant did not have suffered violence at the above head office.

The Defendant filed a false report on a crime that was not a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to I, J, K, L, E, or M;

1. The processing table of each 112 reported case, the detailed statement of handling each 112 reported case, and the details and details of regulating the relevant Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with business, choice of imprisonment), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting and the choice of fines) of the Criminal Act concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order