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(영문) 서울중앙지방법원 2018.06.19 2017고정3545

업무방해

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. A around May 2017, Defendant A operated a street store for a long time without complying with the request of the victim to set off his/her street store in the “E” 1st floor street parking lot in Jongno-gu Seoul Metropolitan Government, with clothes, etc. displayed on the floor, and operated the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. Around May 2017, Defendant B operated a store for a long time without complying with the request of the victim to set off a street store in the “E” rastop 1 upper floor of the victim D’s operation, with clothes, etc. displayed on the floor, and operated a restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Legal statement of the witness D;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against D;

1. Complaint;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 314 (1) of the Criminal Act (Selection of Penalty)

2. Defendants to be suspended from sentence: Fine of 500,000 won; and

3. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

4. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the first offender who has no record of punishment; the victim does not want the punishment against the Defendants; the Defendants committed the instant crime while making their occupation for their livelihood; and other factors of sentencing as shown in the instant records and trial process, including the Defendants’ age, sex, environment, etc.)