(영문) 서울북부지방법원 2013.10.31 2013고단2101

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(영문) 서울북부지방법원 2013.10.31 2013고단2101

업무방해등

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Northern District Court for the crime of interference with business, etc., and two years of suspended execution, which became final and conclusive on January 19, 2013, and is currently under suspended execution.

1. At around 17:50 on September 6, 2013, the Defendant interfered with the business, at the dong-gu branch of the Korean Racing Association located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul and enter the race track located in the building of the said Korean Racing Association, and obstructed the victim’s duty to control the access to the building of the Korean Racing Association by force by avoiding disturbance for 20 to 30 minutes.

In addition, while under the influence of alcohol, the Defendant interfered with the victims' duty to control the access to the Korean Racing Association building by force by avoiding the disturbance through the above methods, around 11:30 on the same day, around 12:30 on the same day, around 15:00, and around 16:00 on the same day.

2. On September 6, 2013, at around 17:50 on September 6, 2013, the Defendant: (a) led the victim out of the building by the above security personnel, such as the victim C; (b) was able to catch the victim’s head head by hand; and (c) assaulted the victim’s head with his left arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. C Statement of the police;

1. Investigation report (attached a written statement and CCTV investigation);

1. Previous convictions: Application of criminal records and investigation reports (verification of previous convictions of suspension of execution of sentence and attachment of judgment);

1. Articles 314 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

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 of the Criminal Act for the confinement of a workhouse.

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