beta
(영문) 서울남부지방법원 2016.06.14 2016고정565

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On September 19, 2015, at the entrance or entrance of “C” in Gangseo-gu Seoul Metropolitan Government around September 21:30, 2015, the Defendant was informed that he cannot take a position as a drinking guest from D working in the said letter or workplace; and

There have been several times in the Republic of Korea, which interfered with the victim's letter, business and management by force for about 10 minutes from that time, such as flaging that the president was "Ign, Jin, Jin, Jin," and raising the victim's right to cash and discount.

2. On September 19, 2015, at the same place as No. 1, around 21:40 on September 19, 2015, the Defendant: (a) heard the horses from the victim E (25 years of age) who was a customer, and (b) obstructed the body of the victim three times by hand; (c) obstructed the body of the victim; (d) caused the victim by the fighting of the frienor’s staff and the Defendant’s daily operation; and (e) caused the victim by the fighting, the Defendant used the flabing of the back by flabing the flab; (e) sealed the shoulder; (e) pushed the shoulder; (e) pushed the flab of the victim; and (e) flading about 10 meters by towing the flab.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement of each victim and a witness;

1. Application of Acts and subordinate statutes to the investigation report (investigation into CCTV images at the time of occurrence);

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 260 (1) of the Criminal Act (the point of interference with business), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;