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(영문) 서울서부지방법원 2017.11.15 2017고정1308
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 19, 2017, from around 00:20 to the same day 00:50 on the same day, the Defendant who interfered with his/her business was a victim C (56 years of age) with the first underground floor of Eunpyeong-gu Seoul Metropolitan Government (56 years of age) and on the ground that the victim did not have a singing, whether the Defendant neglected the disabled.

“Along with his or her great interest, customers who entered the singing room to avoid disturbance with his or her expression of desire and had them cancel the settlement, thereby obstructing the victim’s singing business by force.

2. On May 19, 2017, at around 00:50, the Defendant damaged the property of the victim by discovering ES3, the victim, who was parked in the parking lot of the building in the singing practice place, as the victim was driven away from the singing practice place. On the other hand, the Defendant: (a) discovered ES3, the victim, who was parked in the said parking lot; (b) and (c) snacks, etc. of the said vehicle, and (d) 700,000 won of the repair cost.

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, such as sales slips and vehicles damaged by other customers;

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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