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(영문) 서울남부지방법원 2018.01.31 2017고단4713
업무방해
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 09:50 on September 10, 2017 to 11:30 on the same day, obstructed the victim’s convenience store business by force for about 1 hour and 40 minutes, such as 0:50 to September 10, 2017, at the D convenience store managed by the victim C in Gangseo-gu, Seo-gu (the indictment includes “E convenience store” but the indictment is corrected according to the business registration certificate attached to the written agreement of December 8, 2017). The victimized party, on the ground that he/she did not provide e-mail free of charge, interfered with the victim’s convenience store business by driving time to the customers who use the above convenience store, i.e., drinking alcohol inside the convenience store, drinking alcohol, and frighting.

From September 27, 2017 to September 14:22, 2017, the Defendant provided the victim G (n, 43 years old) located in Gangseo-gu Seoul Metropolitan Government F from September 14:10 to September 14:22, 2017 to the H convenience store operated by the Defendant, without any justifiable reason, provides the victim with “The problem of the weather of the weather, and the width will be prevented from funeral here.”

The victim interfered with the convenience store business of the victim by force for about 12 minutes by avoiding disturbance, such as taking a large bath.

On October 18, 2017, the Defendant: (a) from around 21:00 to around 22:30 of the same day, the Defendant obstructed the victim’s convenience store business by force for about one hour and 30 minutes by avoiding disturbance, such as moving goods in the convenience store under the influence of alcohol to the customers, and taking the bath in the large sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective laws and regulations of G and J

1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Optional fine;

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. The punishment of Article 334(1) of the Criminal Procedure Act, based on the grounds for sentencing, shall be punished by imprisonment with labor for a violation of the performance of official duties on August 30, 2017.

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