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(영문) 서울남부지방법원 2013.05.03 2013고정1181

업무방해등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and B;

A. On January 29, 2013, from around 17:30 to 18:00 of the same day, the Defendants were requested by the victim D (Nam, 48) located in Guro-gu Seoul Metropolitan Government to avoid disturbance under the influence of alcohol at the “E cafeteria” operated by the victim D (Seoul).

As a result, Defendant A sent to the victim with harmony, and Defendant A sent a large amount of the “China guyman,” and Defendant B got together with the victim and took the same bath while taking the same bath, etc., so that Defendant A could avoid disturbance and make the customers who had drinking in the restaurant, and prevented them from entering the restaurant.

Accordingly, the Defendants jointly interfered with the victim's restaurant business.

B. Defendant A violated the Punishment of Violences, etc. Act (joint assault) was committed on the same grounds at the same time and at the same place as above, with the victim’s hand knife and clothes, and the victim’s hand knife and drinking knife, etc., and Defendant B was knife with knife and knife with the victim’s shoulder.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A’s property damage caused damage to Defendant A by leaving the entrance door knife at a restaurant owned by the victim on the ground that the victim reported himself/herself to the police at the same time and place as above, thereby causing damage to the repair cost-free amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the standing and photographs damaged;

1. Article applicable to criminal facts;

(a) Defendant A: Article 314(1) of the Criminal Act (a) of the Punishment of Violences, etc. Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint violence) of the Criminal Act, Article 366 of the Criminal Act

B. Defendant B: Article 314(1) of the Criminal Act (the point of interference with business), Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260 of the Criminal Act.