beta
(영문) 서울중앙지방법원 2015.12.17 2015고정3336

업무방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015Gohap336] On February 17, 2015, at around 13:23 and February 15:25, 2015, the Defendant: (a) installed the Defendant’s bicycle at the entrance of the victim C’s D precious metal store located in Jongno-gu Seoul Metropolitan Government on February 17, 2015; (b) installed the Defendant’s bicycle at the entrance; (c) took care of the elderly and drinking with no knowledge of the name on the entrance; and (d) expressed the Defendant’s desire to put the bicycle into the entrance, making it difficult for the Defendant to enter, and was dispatched by the police officer upon receipt of the report.

At around 15:50 on February 17, 2015, the Defendant re-exploited the above place and obstructed the victim’s business operation by force, such as obstructing the victim from entering the victim’s stores by drinking-out and drinking-out customers, who are unable to know the name on the side of the victim’s store entrance.

[2015 High Court Decision 337]

1. At around 11:00 on March 7, 2015, the Defendant: (a) expressed a bitch bitch bitch bitch on February 17, 2015 at the victim C’s D precious metal shop located in Jongno-gu Seoul Metropolitan Government, and (b) expressed a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, and obstructed the victim’s business operation by force by avoiding disturbance for about 15 minutes.

2. Around 13:00 on March 7, 2015, the Defendant: (a) visited the store at the same place as above; (b) took a bath for the victim to “A bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of fbit of bit of bit of bit of bit of bit of bit of bit

Summary of Evidence

[2015 High Court Decision 336]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A investigation report (CCTV investigation) (2015 high-level 337);

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.