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(영문) 서울북부지방법원 2016.10.27 2016고단797
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 2015, around 18:00, the Defendant obstructed the victim’s convenience store business by force by avoiding disturbance and obstructing the victim’s convenience store business operation by force, such as: (a) at the convenience store operated by the victim D in Jung-gu Seoul Metropolitan Government, the Defendant: (b) at around 18:00, the victim D, who was under the influence of alcohol, was unable to enter the convenience store by setting a heavy sound before the accident entrance; and (c) at the convenience store, the Defendant was unable to enter the victim’s convenience store business.

2. On September 2015, the Defendant: (a) around 14:00 on September 20, 2015, at the same place as the above Paragraph 1., the Defendant: (b) was unable to enter the victim D’s convenience store business by force by avoiding disturbance for about one hour, such as leaving the entrance door of the accident where he was under the influence of alcohol and entering the convenience store, without any justifiable reason; and (c) obstructed the victim D’s convenience store business by force.

3. On March 10, 2016, the Defendant, at around 03:00 on March 10, 2016, expressed, at the same place as the foregoing paragraph 1., the Defendant: (a) under the influence of alcohol, expressed a bath to F, who is an employee of the said convenience store, “grings, Chewing spack.”; (b) without any justifiable reason, carried a plastic simplified offender outside the convenience store, thereby obstructing the victim’s convenience store business by force by avoiding disturbance for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. On-site photographing photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 22.5 million won;

2. The scope of recommendations on the sentencing criteria: The sentencing criteria shall apply to the persons who choose a fine.

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