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(영문) 서울중앙지방법원 2017.02.03 2016고정1525
업무방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the customer of C's main store and the victim D is the business of C's main store.

1. On March 15, 2016, the Defendant: (a) around 22:00, at C main points operated by the injured party in Gwanak-gu in Seoul Special Metropolitan City, the Defendant was unable to avoid disturbance due to the following reasons: (b) the Defendant, at the C main points operated by the injured party in Gwanak-gu in Seoul Special Metropolitan City, on the ground that he was faced with the customer who was drinking alcohol and the shoulder; and (c) the Defendant was able to take a bath at a large interest, while taking a bath, the Defendant was

Accordingly, the defendant interfered with the defendant's legitimate business by allowing customers who tried to order drinking to move to another place.

2. Around 01:00 on March 16, 2016, the Defendant publicly insultingd the victim by “the victim’s sexual intercourse D and multiple police officers, i.e., the victim’s sexual intercourse D at the Seoul Gwanak-gu Police Station multi-purpose patrol room, Seoul, Gwanak-gu, Seoul, for the multi-purpose police station.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the statutes governing the recording of witness D's statement in the seven-time public trial records;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of fines) concerning facts constituting an offense, and Article 311 of the Criminal Act (the point of insult and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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