beta
(영문) 서울남부지방법원 2013.11.26 2013고정2687

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to five months of imprisonment with labor at the Seoul Southern District Court for the crime of interference with business, and the said judgment became final and conclusive on July 27, 2013.

[2013 high-level 2687] On November 11, 2012, the Defendant interfered with the victim’s inn's inn's business by force by leaving the way of the entrance of the above inn's house for about 40 minutes, which was operated by the victim C in Guro-gu Seoul Metropolitan Government around November 19, 2012, to prevent other customers from having access to the above inn's house.

[2013 High 2688] around 15:20 on November 14, 2012, the Defendant obstructed the victim’s coffee business by force by leaving approximately 30 minutes of a 30-minute spaw at the “G” coffee shop operated by the victim F in Guro-gu Seoul, Seoul, and demanding a disturbance to a large string, and requesting a change from the victim.”

[2013 high-level 2689] The Defendant, from around 20:30 on November 12, 2012 to 22:40 on the same day, was under the influence of the victim for about 2 hours and 10 minutes by force, such as: (a) the Defendant found drunk for the purpose of obtaining tea fees in the said “G” coffee shop operated by the Guro-gu Seoul Metropolitan Government H victim F; and (b) the victim’s “Wing off the side of the train, inside the inside of the inside of the inside; and (c) the Defendant was unable to enter the victim’s coffee shop business by force for about 10 minutes.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. A written statement prepared in C;

1. A statement prepared by the F;

1. The document of statement made by the police against F, and the photographic showing the criminal suspect's face to commit the crime;

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

5. The order of provisional payment.