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(영문) 서울남부지방법원 2017.06.23 2017고단2002

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 60,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 22, 2017, at around 22:20 on March 22, 2017, the Defendant: (a) obstructed the Defendant’s business operation by: (b) under the “E cafeteria’s “E cafeteria”; and (c) on the grounds that the victim demanded a restaurant customer to speak and return home to the restaurant under the influence of alcohol; (d) the victim’s disturbance, i.e., e., “nicks, spacte”, and booms all customers in the restaurant; and (e) obstructed the Defendant’s restaurant business operation by force by force.

2. Around March 22, 2017, the Defendant insultingd the victim of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

3. The Defendant, in violation of the Punishment of Minor Offenses Act, dumped cigarette butts on the floor at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Written complaint;

1. Written statements prepared in D;

1. A detailed statement of the processing of reported cases;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Article 311 of the Criminal Act (Voluntary Selection of Imprisonment, Selection of Punishment of Minor Offenses), Article 3 (1) 11 of the Punishment of Minor Offenses Act ( Dumping of waste, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the said Act (the punishment of imprisonment with prison labor and a fine prescribed in the Punishment of Minor Offenses Act shall be concurrently imposed, within the scope of the sum of the long-term punishments for obstruction of duties and insult of duties, with respect to an aggravated punishment for concurrent crimes resulting from a violation of the Punishment of Minor Offenses Act)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., that the defendant reflects his/her gender and that the defendant's health is not good);

1. An order to attend a course under Article 62-2 of the Criminal Act;