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(영문) 서울서부지방법원 2014.12.18 2014고정1982

업무방해등

Text

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

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

Reasons

Punishment of the crime

On December 10, 2014, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to the crime of interference with business at the Seoul Western District Court, and the above judgment became final and conclusive around that time.

1. 피고인은 2013. 12. 26. 00:10경 서울 서대문구 B 소재 "C" 찜질방에 술에 취한 상태로 들어가려다, 종업원인 피해자 D(남, 26세)으로부터 입장을 거부당했다는 이유로, 카운터 바닥에 누워 고함을 치고, ‘야 이 새끼야, 개새끼야, 젊은 놈이 싸가지가 없어, 이 새끼 내가 손 봐줘야겠네’라고 욕설을 하며 소란을 피워, 손님들이 이 광경을 보고 다시 나가게 하는 등 약 40분간 위 찜질방 업무를 방해하였다.

2. At around 03:00 on December 26, 2013, the Defendant interfered with the souping work for 20 minutes by preventing customers, who entered the soup bank, from entering the soup bank, on the ground that the Defendant did not find lost Handphones around 03:0, and thereby preventing them from entering the soup bank.

3. The Defendant, at the time and place of the above paragraph (1) above, insulting the victim D by openly obsesing the victim as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Previous convictions: Application of Acts and subordinate statutes as a result of judgment and case search;

1. Articles 314 (1) and 311 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) 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;