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(영문) 서울남부지방법원 2013.10.23 2013고정2441
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 30, 2013, the Defendant: (a) around 00:00, the Defendant: (b) promised to enter and leave “Curel” in Gangseo-gu Seoul Metropolitan Government as a guest; and (c) demanded a refund to the victim D (27 years of age) who is an employee and his employee on the ground that he promised to leave “Curel” in Gangseo-gu Seoul Metropolitan Government.

The Defendant interfered with the business of the victim by force, such as the defect that the victim is not a refund, the drunk and the passage of the second and third-story corridor from the carcter, the noise of the large lusium, and the demand of the guests to refund the port and the refund.

2. The Defendant damaged the property and damaged the property utility by cutting up a signboard on the seat of the Kakiter with the weathering time and place, and then cutting up the elevator with the fourth floor after getting on the elevator, cutting the elevator wall, making the elevator stop, and making the elevator stop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the submission of a victim's elevator estimate and CCTV screen image);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged was assaulted by the Defendant on the ground that the elevator was suspended at the time and time, and the 119 rescue unit saved the Defendant, and the 119 rescue unit saved the Defendant, leaving the elevator outside, and making it smooth to refuse refund.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. The above victim does not wish to punish the defendant around September 25, 2013, which was after the prosecution of this case.

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