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(영문) 서울서부지방법원 2018.01.12 2017고단2763

업무방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From August 21, 2017 to 22:30 on the same day, the Defendant: (a) placed in the second floor of the building B in Seodaemun-gu Seoul, Seodaemun-gu, Seodaemun-gu, Seoul, 22:00 to 22:30, the Defendant: (b) sold the victim the victim’s “red red ginseng non-fluor,” and (c) urged the customer in the surrounding area to fluora; and (d) interfered with the victim’s business for about 10 minutes, such as having the victim and the customer go to go to the said main shop, by making the victim and the customer go to go to the said main shop.

Defendant continued to enter E shop operated by the mother of the above C as the victim of the damage on the third floor of the above building, Defendant 1 sold red ginseng to the victim as spores, and the victim changed.

The victims of defects interfered with the E business of the victims for about 10 minutes by avoiding disturbance, such as anti-defluence and severe humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims C);

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 it is not good to commit a crime of the same kind during the period of suspension of the execution of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, a punishment shall be imposed in consideration of the fact that there is a mistake, and the degree of interference with business is relatively minor;