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(영문) 서울서부지방법원 2017.09.08 2017고정898
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, together with B and C, from March 17, 2017 to October 19:50 on the same day, on the ground that “F” restaurant managed by the victim E in Yongsan-gu Seoul Metropolitan Government from around 18:50 to around 19:10 on the same day, the Defendant would not place an order for one part of the victim in the “F” restaurant managed by the victim E in Yongsan-gu Seoul Metropolitan Government.

D. The Defendant and C expressed a voice on the cafeteria’s side with the larger interest of “C” and the Defendant expressed a disturbance, such as “C and the Defendant expressed a bath in the larger interest of “Chovah”, thereby preventing customers who were in the cafeteria from entering the cafeteria.

Accordingly, in collusion with B and C, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 314 of the Criminal Act applicable to the crime, Articles 314(1) and 310 of the Criminal Act, and the selection of fines for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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