logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.02.20 2013고단8505
업무방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to dementia.

1. On November 2013, the Defendant interfered with business around the end of Jongno-gu Seoul Metropolitan Government around November 201, 2013, on the ground that the victim continued to operate the restaurant at the above location on the ground that the victim did not want to order the restaurant even before the expiration of the lease term, the Defendant attached a notice to the victim D’s “E” restaurant operated by Jongno-gu Seoul Metropolitan Government, thereby leading the non-consumers to believe that the business of the above restaurant was completed.

Accordingly, the Defendant spreads false facts as above and interfered with the victim's restaurant business.

2. On December 4, 2013 and December 5, 2013, the Defendant, who interfered with the business, caused customers who were eating at the above restaurant to feel a sense of aversion, with the pretext of “whether the Defendant illegally occupies it,” under the pretext of unfolding it from 11:40 on December 4, 2013 and from 12:10 on December 5, 2013 to 12:10 on the part of the victim D’s “E” operated by the victim D in Seoul Jongno-gu, Jongno-gu, Seoul.

Accordingly, the Defendant interfered with the victim's restaurant business by force above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

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

1. Selection of a selective fine for punishment (the first offender who has no previous record, the elderly who suffers from dementia, and the circumstances leading to the instant crime, etc.);

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

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

arrow