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(영문) 서울서부지방법원 2014.01.22 2013고정2655
업무방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 21, 2012, around 07:41, the Defendant interfered with the duty of 'B', the Defendant: (a) expressed a desire to leave the victim D; (b) sent a visit and wall to E, etc., who is the attendants of the Public Notice Board 305, operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul; (c) and (d) expressed a victim’s desire to “the head of the camping Board” at around 11:30 of the same day; and (d) expressed that he would interfere with the duty of operation of the Public Notice Board by force by forcing the visitors of the Public Notice Board to either express the victim’s intention to leave or request the victim to transfer his room to the victim.

2. From around 1:00 on October 20, 2012 to 12:20 on the same day, the Defendant: (a) asked the victim H, etc. in Seodaemun-gu Seoul, Seoul, about the victim’s “F convenience store where he works as an employee; (b) but the victim did not answer the victim, on the ground that the victim did not answer, the Defendant interfered with the business of the victim’s convenience store on the ground that the victim: (c) she expressed his desire to “Is the customer about whether I would be Chewing; (d) where Ispher, Ispher, Isp, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher, Ispher; and (d) dump Isp, Isphers a bit of the customer, thereby interfering with the victim’s convenience store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a report on investigation (a statement appended to a victim H);

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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;

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