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(영문) 서울북부지방법원 2013.06.13 2013고정1056

업무방해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 1, 2013, the Defendant: (a) around 09:00, the customer of the “D cafeteria” located in the Gangnam-gu Seoul Metropolitan Government building; and (b) the D cafeteria was a place where tobacco cannot be smoked in the business establishment with the area of 508 square meters; (c) however, inasmuch as E, male employees, continuously avoided tobacco; (d) there was a complaint; (e) still, during the grace period for smoking cessation in the cafeteria, the cafeteria was under the suspension period for smoking cessation; and (e) caused other customers to feel uneasy, such as booming their body, thereby interfering with the business of the restaurant for about 20 minutes.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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;