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(영문) 서울중앙지방법원 2013.09.16 2013고정3356

업무방해

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 06:40 on May 5, 2013, the Defendant expressed that, within the E-cafeteria where the victim D (n, 61) located in Jung-gu Seoul Metropolitan Government, the victim was deprived, “Yekkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk,” and obstructed the victim’s restaurant business by force for about one hour on the part of customers.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of suspect;

1. Application of the written statement (D) statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant agreed with the victim (a written agreement submitted to the court on August 12, 2013); (b) the Defendant was sentenced to a fine of two times (a fine of KRW 700,00,00,00,00, such as theft and theft in December 207; and (c) the Defendant’s occupation, property status, health conditions, and other circumstances that form conditions for sentencing, such as the Defendant’s age, character, and environment.