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(영문) 서울북부지방법원 2020.08.14 2020고단1955
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 16, 2020, at around 23:15, the Defendant 23:15, at the C cafeteria located in Dongdaemun-gu Seoul Metropolitan Government, expressed a bath to the next table visitors without any justifiable reason while drunking, booming a trial cost, and as the victim D (V, 43 years old) who is an employee of the above cafeteria requests a change, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance for about one hour.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of CCTV images CDs and Compilation photographs-related Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, obstructed another person’s business under the influence of alcohol without being aware of during the period of probation.

However, it seems that the degree of interference with business did not interfere with the customer's meals and restaurant business to the extent that he/she takes a bath to the ice customers who are under the influence of alcohol as he/she sits on his/her table.

In full view of these circumstances, the defendant's age, character and conduct, details and result of the crime, and circumstances after the crime, the punishment shall be determined as ordered.

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