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(영문) 서울북부지방법원 2017.09.28 2017고단2420

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the relationship between C and workplace workers and subordinate employees.

On May 30, 2017, at around 17:05, the Defendant: (a) was running restaurant in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu; (b) the immediately preceding victim prevented the Defendant from smoking tobacco in a restaurant; and (c) the Defendant continued to smoke in a restaurant and continued to smoke in the restaurant, followed the Defendant’s bath, i.e., “h., h., h., h., h.,” and h., h. down to the floor by cutting down the strings, etc. on the floor, h., h., h., h., h., h., h., h., h., h., h., h. to the Defendant.

There is no width, and there is no desire to kill and die, and there is approximately 15 minutes of the success, i.e., a disturbance, such as hinging a funeral in a solitary form, hinging off a funeral, and only hinging down the dead, and making an unspecified customer go out of the place.

Accordingly, the Defendant conspiredd with C to interfere with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (F telephone investigation for witnesses);

1. Article 314 of the Criminal Act applicable to the crime, Articles 314(1) and 30 of the Criminal Act, and the selection of fines for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is imposed on the defendant who was sentenced to a fine in 2013 as a result of obstructing business operations in 2013, and the defendant has been punished on several occasions for crimes related to domestic violence.

However, the defendant is in depth against the defendant when committing the crime of this case.

The victim does not want punishment by mutual consent with the victim.

Support and lives of the mother.

In other words, the crime is not committed.

Such circumstances and the age, conduct, and crime of the defendant.