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(영문) 서울북부지방법원 2020.07.23 2020고정744

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around 05:30 on January 27, 2020, the Defendant and B were under drinking alcohol at the “E” restaurant operated by the victim D in Jung-gu Seoul Metropolitan Government, Jung-gu, the Defendant was unable to avoid a disturbance for about one hour and 30 minutes for the following reasons: (a) the customers, who drink the alcohol on other table table, were in a scambbing with them on the ground that they were scam and scamed with each other; and (b) the Defendant and B had a scambling in the above scam, scambling, etc.; and (c) scam a large sound.

As a result, the Defendant, in collusion with B, obstructed the victim’s restaurant business by failing to enter the restaurant, and thereby interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. Written statements of D;

1. Application of statutes on photographs of damage;

1. Article 314 (1) and Article 310 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;