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(영문) 서울북부지방법원 2015.06.26 2015고정1229
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 2, 2014, the Defendant interfered with business and damaged property: (a) around 20:25, the Defendant interfered with the victim’s restaurant business by force of about 20 minutes; (b) at the “D” restaurant operated by Seongbuk-gu Seoul Metropolitan Government Victim C (Y, 53 years old); (c) at the same time, the Defendant interfered with the victim’s restaurant business by allowing other customers, who are walking in the scam to go out of the match, with two drinking while drinking and drinking together with two drinking while drinking together; (d) having other customers talk with drinking while drinking in the state of drinking; or (e) having other customers do so with a large amount of sound; or (e) having other customers leaving the scam, etc. after the table, interfered with the victim’s restaurant business by force for about 20 minutes. At the same time, the Defendant got off the scambing with the above table, and harming the extent of three small w

2. On April 2014, the Defendant causing property damage: (a) around 13:00 to 14:00, the Defendant de facto changed the content of “G” restaurant operated by Seongbuk-gu Seoul E Victim F (Y, 76 years of age) by drinking while under the influence of alcohol; and (b) however, the victim, who was likely to have failed to drink on a usual level, was placed at both entrances of the restaurant at which he did not provide alcoholic beverages, caused the damage to its utility by spreading the amount of KRW 300,000 at the market price of KRW 50,00,000 at each entrance of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy of the police statement (two times) with respect to F;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements of the victim H) and a report on investigation (to attach photographs on damage);

1. Article 314 (1) and Article 366 of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) 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;

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