beta
(영문) 부산지방법원 서부지원 2018.01.08 2017고정342

업무방해

Text

A fine of KRW 300,00,000,000,000,000,000,000,000,000.

Reasons

Criminal facts

On October 12, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of business at the Seoul Eastern District Court for six months, and the judgment became final and conclusive on October 20, 2016. On July 14, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of business at the Seoul East Eastern District Court, and the said judgment became final and conclusive on July 22, 2017.

1. On August 2016, the Defendant obstructed the victim’s restaurant business by force by putting the victim’s bath at the D restaurant operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, without any reason.

2. On February 28, 2017, around 16:20, the Defendant obstructed the victim’s restaurant business by force by taking the victim’s bath at G restaurant operated by the victim F in Songpa-gu Seoul, Songpa-gu without any reason.

3. On March 1, 2017, the Defendant interfered with the victim’s restaurant business by force, such as: (a) around 16:00, at the same place as indicated in the foregoing paragraph 1; (b) having other customers who were in a restaurant with a large amount of voice; and (c) having other customers who had been in a restaurant with a large amount of voice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation, and application of a copy of each written judgment;

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

1. The latter part of Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the former part of Article 39(1) (which is between the interference with the duties prescribed in paragraph (1) of the judgment and the interference with the duties prescribed in Articles 2 and 3 of the judgment, and the interference with the respective duties prescribed in Articles 2 and 3 of the judgment, and the interference with the duties for which judgment becomes final and conclusive on July 22, 2017);

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in paragraph (3) of the same Article, between interference with each business set forth in paragraphs (2) and (3) of the same Article, and between interference with the business set forth in paragraph (3) of the same Article with the heavier punishment

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

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