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(영문) 서울서부지방법원 2015.12.09 2015고정1707

업무방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Western District Court, and the said judgment became final and conclusive on March 22, 2014.

[2015 Highly 1707] From around 16:30 on August 9, 2013 to 19:20 on the same day, the Defendant interfered with the victim’s restaurant business by force by force by preventing customers who enter the scene from entering the scene for about 3 hours, such as provoking 2 disease, beer, beer, 1 residues, and sea water wave in the "D" restaurant operated by the victim C (the age of 48) in Yongsan-gu Seoul, Yongsan-gu, Seoul, and then melting the melter in the beer, and melting the melter in the beer, and melting the police without paying food.

[2015 Go fixed 1709] On August 4, 2010, the Defendant interfered with the victim’s restaurant business by force, such as having the victim F (the 45 years of age) drink food at the G cafeteria operated by Yongsan-gu Seoul, Yongsan-gu, Seoul, and having 10 customers without any justifiable reason, the Defendant interfered with the victim’s restaurant business by force.

Summary of Evidence

[2015 High Court Decision 1707]

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A receipt (2015 high-level 1709);

1. Defendant's legal statement;

1. A written statement;

1. Tax invoice (prior to the date of sale);

1. Application of Acts and subordinate statutes, such as inquiry reports on criminal records, written judgments, etc.;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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