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(영문) 서울남부지방법원 2016.01.20 2015고단4482

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 3, 2015, from around 13:00 to 13:30 of the same day, the Defendant expressed the victim D’s “E restaurant” operated by the victim D in Gangseo-gu Seoul, Gangseo-gu, Seoul, to the same day, that “I would no longer sell alcohol due to the victim’s having already been under the influence of alcohol,” and that “I would like to call the victim, who would have the victim, talk with the victim at a large interest, such as “ Both years, this year,” and “I would like to talk with the victim,” and thereby interfere with the victim’s restaurant business by force by force, such as having the victim take the part of the liquor, which had already been in the cooling, fried in the restaurant.

2. On the same day from 13:30 to 13:40 on the same day, the Defendant continued to take care of the victim’s “H gas station” operated by the victim G located in Gangseo-gu Seoul Metropolitan Government F, and obstructed the victim’s business operation by force by force, such as disregarding the victim’s fright, “Chewing fright, fright,” on the ground that the victim prevented himself/herself from avoiding disturbance at the restaurant specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of D and G;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that: (a) even though the defendant was sentenced to two years of probation on July 25, 2014 due to interference with business affairs on the part of the defendant, the defendant committed each of the crimes of this case without being subject to probation, and (b) he was sentenced to summary indictment due to a separate crime such as damage of property, etc.; and (c) the defendant has a criminal record of multiple times of violence in addition to the above suspended sentence.

However, the defendant recognized each of the crimes of this case, and reflects his fault in depth.