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(영문) 서울남부지방법원 2019.07.26 2019고정759
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 31, 2019, from around 06:50 to around 08:38, the Defendant interfered with the business, at “D restaurant” operated by the victim C (V.) located in Yangcheon-gu Seoul Metropolitan Government, visited the victim at the same time and repaid part of the credit amount to the victim. However, on the ground that the victim said “per 30,000 won (per 30,000 won)”, the Defendant interfered with the business of the victim’s restaurant business by force of one hour and 50 minutes by avoiding disturbance due to the marbing of disturbance.

2. The Defendant damaged the property of the victims under the market price due to the damage to the mixture equipment, which was collected on the table, at the time, at the same time, and at the same place as the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to investigation reports (examination of case records and hearing of statements by reference witnesses, etc.);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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