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(영문) 서울남부지방법원 2016.01.27 2015고정1362

업무방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant finds up for about three months prior to the occurrence of damage C points in Gangseo-gu Seoul Metropolitan Government, which is operated by the injured party, several times at approximately a week at the intervals of a week, and whether the Defendant “B” to the injured party operating the business;

As mentioned above, the "math-man" and the math-man was fluor, and the victim was fluored by sound if the victim did not respond to it, and the other customers were fluored.

1) On October 31, 2014, around 19:30 on October 31, 2014, the Defendant obstructed the victim’s main store operation by force for about 30 minutes, by putting the entrance door door at a locking door several times, without wanting for the victim to do so, and neglecting the victim’s main store operation by force.

2) 피고인은 2014. 10. 31. 23:30 경 피해자 D이 운영하는 위 주점에 다시 찾아와 술을 팔고 싶지 않은 피해자에게 " 사케 한 잔 줘! "라고 소리를 지르고, 테이블 위로 기어 올라와 " 내 손 한 번 잡아 줘!", " 나를 좋아하느냐,

The public policy called the address, and the traffic of noise, etc. interfered with the victim's main business by force for about 15 minutes by making customers leave the place.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning the investigation report (CCTV analysis);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;