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(영문) 서울중앙지방법원 2018.04.19 2018고정3

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 October 29, 2017, at around 18:30 on October 29, 2017, the Defendant: (a) at the main point of “D’s operation of the Victim C in Jongno-gu Seoul Metropolitan Government, the Defendant was subject to the victim’s control while taking a bath against three female customers, who are the said main customers; (b) the victim entering the main room was skeing the victim’s breath, and was skeing the victim’s booming the boom; and (c) the victim was able to avoid a disturbance between approximately 20 minutes by putting the victim’s breath on the mixed floor.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning a report on investigation (related to statements of witnesses);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the Defendant subject to Article 334(1) of the Criminal Procedure Act has been punished several times for the same kind of crime, the Defendant was subject to punishment under the same law, the fact that he/she was aware of the fact of the crime, and the victim did not have been punished against the Defendant by agreement with the victim, and the method and result of the instant crime, details of the crime, circumstances after the crime, Defendant’s age, sexual behavior, family environment, etc., are comprehensively considered and determined as the order of punishment.