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(영문) 서울남부지방법원 2016.05.16 2015고정2361
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 19:00 on June 27, 2014, the Defendant: (a) expressed that, “D” clothes store operated by the Victim C (43) located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “C”); (b) expressed that, “I would like to embling so that I can set up a string; and (c) displayed in front of the said store and displayed in order to interfere with the victim’s business by force, thereby interfering with the victim’s business.

2. The Defendant damaged property: (a) in one time and at the place of paragraph (1), the Defendant: (b) turned out 2 or more chering items, and (c) chering out 3 points of the clothing, which was put in chering, thereby undermining the effectiveness of chering.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes to photographs taken on the damaged part;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of destroying property and the choice of penalty penalty);

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 concerning the order of provisional payment;

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