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(영문) 서울중앙지방법원 2013.06.28 2012고정5340
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A: (a) around 22:00 on May 3, 2012, the Defendant: (b) stated that “F,” operated by the Victim E in Gangnam-gu Seoul Metropolitan Government, collected the claims entrusted by the Victim E, the creditor of the victim, and, (c) stated that “I would not operate a business if I would not pay the G money,” and (d) stated that “I would report to the customer who sought to enter the same place as an unconditional commercial sex act” from the time when I would pay the city expenses.

5. From around 04:00 to around 04:00, the victim's operation of the massage practice was obstructed by force by avoiding disturbance for about 30 hours.

2. The Defendants’ joint crime committed in collusion with each other

5. 8. Around 00:30, at the above place, the victim puts up a signboard and received a customer for the foregoing reasons.

To conduct a business, he/she shall pay money.

The operation of the massage treatment center was obstructed by force by avoiding disturbance for about 2 hours and 20 minutes, such as "a sound, sitting in front of the gate and the entrance, obstructing the entry of customers," and obstructing the operation of the massage treatment center by the victim.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. A copy of the store lease contract, a copy of the lease contract, or a copy of the agreement;

1. Business registration certificate;

1. Application of the CD-related Acts and subordinate statutes to each criminal committed;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 314(1) of the Criminal Act (the point of interference with business in the market), Articles 314(1) and 30 of the Criminal Act (the point of interference with business in the market 2): Selection of each fine;

B. Defendant B: Articles 314(1) and 30(Selection of Fine) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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