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(영문) 서울북부지방법원 2017.01.11 2016고단4992
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

1. On November 06, 2016, the Defendant: (a) ordered the victim C’s “a dynasium” operated in Gangnam-gu Seoul Metropolitan Government (Seoul) around 01:00; (b) on the ground that the victim, who was requested to obtain prior approval from the injured party, received prior approval from the injured party in relation to the Defendant’s report of assault to the Defendant, and received prior approval from the injured party, and received prior payment request from the injured party; and (c) on the ground that the previous victim would be bad; (d)

It was difficult to avoid disturbance for about 40 minutes by having other customers leave the place of business, such as having 2 beer diseases, and having other customers leave the place of business.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant damaged 2 parts of the wall, at the time, at the place, and at the time, at the place, as described in paragraph 1, where two beer diseases were installed as a wall, and where the estimated repair for the victim’s possession cannot be known, 2 beered.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to field photographs and damaged objects;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a 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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