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(영문) 서울남부지방법원 2018.10.17 2017고단5514
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, from around 03:35 on September 9, 2017 to around 04:15 on the same day, from “D” operated by the victim C (V) located in Geumcheon-gu Seoul Metropolitan Government, the Defendant requested the victim to leave the house, but rejected the request, the Defendant was able to see the table table kept in the box of the above main shop, fluoring the table table, fluoring the table table, and fluoring the table table, and making it difficult for the customers who drink the drinking at the said main shop. The Defendant was unable to enter the said main shop, and the victims and female customers who fluord themselves from around 03:35 and around 04:15 on the same day, she was fluoring their clothes put in before and return to the said main point as a chain.

Accordingly, the defendant, by force, interfered with the victim's main business and publicly commits obscene acts.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a CCTV screen to the same extent;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business, the selection of fines) and Article 245 of the Criminal Act (the point of obscenity and the selection of fines) concerning criminal facts;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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