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(영문) 서울동부지방법원 2015.11.25 2015고단2491

업무방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal power] On August 13, 2012, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Eastern District Court for the crime of interference with business, etc., and completed the execution of the sentence on December 25, 2014.

【Criminal Facts】

At around 17:40 on May 30, 2015, the Defendant: (a) requested the Defendant to return to the Ecafeteria operated by the victim D (n, 60 years of age) located in Gangdong-gu Seoul Metropolitan Government, on the ground that the Defendant: (b) provided the Defendant with a large interest that “Is that I would know that I would see it; (c) Is the victim’s left side bridge,” and (d) continued to take the victim’s walk, “Is that I would see, Is, Is, Is, Is, Is, Is,” and (d) I would interfere with the victim’s restaurant business by force, and thereby interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements by victim's DNA phone);

1. Previous records: Application of the Act and subordinate statutes on inquiry reports, such as criminal records, and personal identification and confinement status;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act is large, and there has been two times of punishment (one time of imprisonment and one time of fine) as a result of the crime of interference with business.

On the other hand, it is decided as per Disposition in consideration of the fact that it is against the victim, the agreement with the victim, and the degree of crime.