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(영문) 서울북부지방법원 2013.05.28 2013고정1326

업무방해

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Extraordinary 2013.26

1. The Defendant, while drinking alcohol in the past, was found in Drata managed by the victim C on the third floor of the building located in the Seoul Jung-gu Seoul Jung-gu, Seoul, and was able to look for the victim’s 3th floor and show the other customers without being frightd. However, around October 23, 2012, around October 23, 2012, the Defendant expressed the victim’s 30 minutes of the victim’s death or business force, such as finding out tobacco again in the said friendship and smoking in front of the knata and making the knata, and interfered with the victim’s business affairs by force.

Extraordinary 2013.27

2. 피고인은 2012. 11. 8. 19:30경 서울 중랑구 B 소재 건물 3층 소재 피해자 C 운영의 'D사우나'에서, 술에 취하여 이전에 위 사우나에서 업무방해 행위를 하여 입건되어 화가 난다고, 카운터 앞에서 “사장 개새끼! 씨발 놈!”이라고 큰 소리로 욕을 하고 소리를 질러 사우나를 찾아온 손님들이 돌아가게 하는 등 위력으로써 약 40분 동안 피해자의 사우나 운영 업무를 방해하였다.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Statement to C by the police;

1. The fact under Article 2 at the time of marketing the C’s statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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;