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(영문) 서울북부지방법원 2020.11.19 2020고정1348

업무방해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:02 on July 14, 202, the Defendant: (a) requested D’s “D” operated by the victim C (the 54 years of age and inn) located in Gangnam-gu Seoul Metropolitan Government, to take the above pain and refund remaining after having no massage; (b) but the victim refused to refund it, and (c) took a bath to see that “I will not get returned until the time of the reduction of refund” in spite of the existence of other customers, the Defendant, despite his refusal to do so, was fright up to 15 minutes, and fright the victim’s restaurant business by force; (c) again, the Defendant interfered with the victim’s restaurant business by force on around 17:51 on July 14, 2020; and (d) requested the victim and the victim to return from the restaurant for the foregoing reasons, but the victim refused to return it, and (d) refused to return it by selling food and drink,” and (e) refused to withdraw from the restaurant.

Despite the public office, the office expressed the desire to 's 's 's cream' to customers, and received trial expenses, etc., which interfered with the victim's restaurant business by force over about 10 minutes.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. C and E’s investigation report (on-site CCTV extraction and analysis - status of confirmation upon the face of a crime) on each written statement;

1. Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the relevant criminal facts and the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) has been favorable circumstances such as the following: (a) the Defendant repents each of the crimes in this case and reflects each of the crimes; and (b) the victim does not want the punishment against the Defendant; (c) on the other hand, in light of each of the crimes in this case and the degree of damage, the quality of the crime is not less complicated; and (d) the Defendant has a large number