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(영문) 서울중앙지방법원 2016.06.29 2016고정1242

업무방해등

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

The Defendant was a person visiting the “C” customer operated by the victim B, and the victim D is a worker with the above main points, and the victim E is a customer who drinks alcoholic beverages at the above main points.

1. Around 00:20 on February 6, 2016, the Defendant obstructed the victim’s main business by force for about 30 minutes, including, but not limited to, the victim B, who is the owner of a business within the Seoul Jongno-gu F and C main points, made the victim B, who was the owner of a business at this location, told him/her that he/she had the time to complete his/her business, and interfered with the victim’s main business by force.

2. The victim D (n, 54 years old) who is an employee of the above main shop at the time, at the time, and at the place, paragraph 1 does not change because this business ends.

For the reason that two descendants caused the victim's hair collection and the victim's hair boomed with the table, and the victim suffered about two weeks of treatment, and the victim suffered injury such as damage of the head part requiring approximately two weeks of treatment.

3. The Defendant assaulted the victim at a time and place set forth in paragraph 1, who was fluent to the tables where the victim E was seated, with such tables suitable for the shoulder of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B, D, G, and E;

1. Application of Acts and subordinate statutes to each investigation report and injury diagnosis report;

1. Article 314(1) of the Criminal Act applicable to the crime, Article 314(1) of the Criminal Act (the point of interference with business, the selection of fines), Article 257(1) of the Criminal Act (the point of harm, the selection of fines), Article 260(1) of the Criminal Act (the point of violence, the selection of fines) of the same Act;

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