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(영문) 서울중앙지방법원 2015.10.22 2015고정3229

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

On May 1, 2015, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for obstruction of performance of official duties, etc. and the judgment became final and conclusive on August 29, 2015.

At around 23:30 on March 31, 2015, the Defendant: (a) obstructed the victim’s main business by: (b) making the Defendant’s employees of the said main shop “D’s operation of the 15-minute underground floor C”, on the ground that the Defendant’s credit card balance was not settled due to the Defendant’s lack of credit card balance; and (c) making the said main employee E with a large voice of “Ig, Chewing, Chewing, and hinging,” and preventing the Defendant from entering the said main shop by avoiding the disturbance for about 15 minutes, such as “Ig, sing, sing, and singing off.”

Accordingly, the defendant interfered with the victim's main role operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on copies of business registration certificates;

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

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

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

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