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(영문) 서울북부지방법원 2017.01.18 2016고정2251
업무방해등
Text

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

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

Reasons

Punishment of the crime

On December 16, 2016, the Defendant was sentenced to two years of suspension of execution on December 24, 2016 by a district court in Seoul Northern District on December 16, 201, and the judgment became final and conclusive on December 24, 2016.

1. Around 10:30 on August 21, 2016, the Defendant: (a) found the instant restaurant for the victim’s disturbance located in Seoul Special Metropolitan City, Nowon-gu (Seoul Special Metropolitan City Nowon-gu) on the ground that he reported it to the police and was investigated; (b) and (c) obstructed the Defendant’s operation of the instant restaurant by force for about 30 minutes by avoiding the disturbance, such as: (a) it appears that the Defendant would have been able to do so, and (b) he would have been able to do so, and (c) he would have been able to do so; and (d) he would have been able to do so in the future; and (b) the Defendant interfered with the Defendant’s operation of the restaurant by force for about 30 minutes.

2. The Defendant damaged property at the same time and place as above, and at the same time and place, the Defendant diversed Kim Gedb 4 pul that was displayed by the victim for sale, and damaged property worth KRW 8,000 in the market price of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of C and E;

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

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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