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(영문) 서울남부지방법원 2017.09.22 2016고정2657

업무방해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 20, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act in support of the Sungnam-gu Office of Friwon, and the judgment became final and conclusive on July 27, 2016.

On October 28, 2015, around 19:00, the Defendant interfered with the victim’s motherel business by force for about three hours, including: (a) sound while taking drugs at the victim C’s “Del” guest room in Gangnam-gu Seoul Metropolitan Government operation; (b) continuously avoiding disturbance to a large amount without the victim’s demand of leaving room; and (c) having other guest rooms leave the room.

Summary of Evidence

1. C’s statement;

1. Copy of the E statement;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;