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(영문) 수원지방법원 성남지원 2017.06.16 2017고단1111

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On April 12, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 01:45, the Defendant reported to police officers by 112 phone calls to the effect that, in front of the C Innb in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant was under the influence of alcohol, entering the said in the said innb, and was able to keep the said innb; (b) however, D operating the said innb, did not cause any room; and (c) “the broker of sexual traffic in the innb,” the Defendant was 11

As a result, the Defendant reported a false crime to a public official.

2. At the time and place set forth in paragraph 1, the Defendant destroyed the Defendant’s destruction of special property by making the Victim D (Taking, 51 years of age) unfolding this room, as described in paragraph 1, and 2.30,000 won in total of the repair cost by placing the wall (8.5cm in length) and the sidewalk block (16cm in length) which are dangerous objects on the Victim’s entrance door and windows, which are put on the Victim’s door and windows.

3. The Defendant, at the time and place specified in paragraph 1, interfered with the Defendant’s business, interfered with the victim’s in-depth business by avoiding disturbances between about 15 minutes by force until 02:00 on the same day, and obstructing the victim’s in-house business by force by avoiding disturbances between about 15 minutes, and by obstructing the victim’s in-house business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Three copies of the 112 reported case management sheet;

1. Written estimate;

1. The application of 16 copies of CCTV photographs, damaged glass windows, crime-taking walls and photographs, and CCTV CD 1 in the course of committing a crime;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (3) 2 of the Punishment of Minor Offenses Act (Optional to the punishment), Article 314 (1) of the Criminal Act (Interference with business, Selection of imprisonment, and Selection of Penalty), Articles 369 (1) and 366 of the Criminal Act (Special Property Damage and Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.