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(영문) 서울동부지방법원 2018.07.26 2018고단1768
업무방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on May 11, 2018, by obstructing business operations in the Cheongju District Court’s Incheon Branch on May 3, 2018, and the said judgment became final and conclusive on May 11, 2018 and is currently in the grace period.

[Criminal facts]

1. ‘C’ 고 깃 집 업무 방해 피고인은 2018. 5. 16. 19:40 경 서울 광진구 D에 있는 피해자 E이 운영하는 ‘C’ 고 짓 집에서, 피해자에게 술과 뻥튀기를 달라고 하여 피해 자로부터 술만 팔 수 없고, 뻥튀기는 없다는 말을 듣자 피해자에게 계속하여 큰소리로 욕설을 하면서 시비를 거는 등 약 30분 동안 위력으로 피해자의 음식점 영업업무를 방해하였다.

2. From May 16, 2018, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, such as “F” restaurant operated by the victim H on May 21, 2018, which is located in the first floor of the Seoul G Officetel (Seoul G Office 1); “The victim and its customers are able to take a bath at a large interest; and “the inside shall be deemed as a discharge;” and “the inside shall be deemed as a discharge.”

3. Around May 16, 2018, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, including: (a) the victim’s “I” restaurant operated by the victim K in Seoul Special Metropolitan City Gwangjin-gu; (b) the victim sounded the victim’s “I” so that he/she took it from the damaged person; and (c) the victim took it again; (d) the victim took it from the damaged person; and (e) the victim took it back on his/her hand; and (e) let the victim take it off on his/her hand; and (e) the victim took the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H, and K;

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying material);

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

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

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 provides that a provisional payment order shall be issued.

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