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(영문) 서울중앙지방법원 2016.02.03 2015고정3018
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. From around 14:30 to around 15:00 on June 10, 2015, the Defendant re-exploited the victim E (V) at a mobile phone store located in Gangnam-gu Seoul Metropolitan Government “D” on the grounds that the victim E reported his/her assault at the same location on the day immediately preceding the day, and thereby, the victim’s “low-year, low-life, and low-life management is necessary.” The Defendant saw the victim as having expressed a great bath with the victim, i.e., “low-life, low-age, low-age, and low-age,” and interfered with the victim’s business by force for about 10 minutes, including: (a) two customers, who were in a female store, return to the customer’s store; and (b) two customers, who were in the store, return to the outside of the play.

2. Around June 20, 2015, the Defendant: (a) around 20:05, at D located in Gangnam-gu Seoul, Gangnam-gu Seoul Metropolitan Government on June 20, 2015, the Defendant laid down his body in the part of the victim’s blue and blue part of the victim’s blue part on the ground that she would have a blue of 32 years old; and (b) carried the victim’s blue part of the victim’s blue part on the left-hand part and blue part on the part of 14 days for treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement protocol by the police for E;

1. A medical certificate of injury, or photograph;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 257(1) of the Criminal Act (the point of harm), and the selection of fines, respectively, for the crime;

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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