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(영문) 서울중앙지방법원 2013.06.19 2012고정5897
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the judgment became final and conclusive on March 14, 2013.

1. On May 18, 2012, from around 21:00 to 21:30 of the same day, the Defendant interfered with the victim’s restaurant business by force, such as: (a) making it impossible for the customers who had entered the restaurant to enter the restaurant by avoiding disturbance, such as putting a large amount of e-mail called “gys, e-pasium” on the ground that female employees who work in the restaurant at ordinary places in the “E-cafeteria cafeteria operated by the victim D (manam and 56 years of age) of Jongno-gu Seoul Metropolitan Government Da are flusing themselves.

2. From around 02:00 on May 19, 2012 to 02:30 on the same day, the Defendant interfered with the victim’s restaurant business by force on the grounds that the victim D was subject to summary judgment on the wind reported to the police by the victim D in relation to his/her failure, such as paragraph (1).

3. From around 07:40 on May 19, 2012 to 08:00 on the same day, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as putting the disturbance “this son,” on the ground that the victim D resisted to “I see why she would have a fright, and to female employees,” and on the ground that she is bad, because the victim D resisted to “I fright,” and frighted to fright in the said restaurant, thereby preventing customers entering the said restaurant from entering the restaurant.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Criminal Act for the detention of a workhouse;

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