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(영문) 서울북부지방법원 2019.09.17 2019고정815
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 2, 2019, around 03:30 on March 2, 2019, the Defendant obstructed the victim’s restaurant business by force by launching 15 customers, who were in meals, from the floor of the restaurant, under the pretext of confirming the operation of the gun-type gas sprayers (five-round gas guns) in his/her possession, within the “D restaurant” operated by the victim C (V, 52 years of age), and by allowing them to leave the restaurant.

2. No person who is permitted to possess a gas gun in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall use the gas gun unless the permitted purpose of use or any justifiable ground exists;

Nevertheless, the defendant, as described in Paragraph 1, was permitted to possess the above gun-type gas sprayers (the permitted number: the chief of the Seoul Gangseo-gu Police Station E, the name of the person: Bluk S) and used them for the purpose other than permitted purposes in order to confirm whether they operate the gun-type gas sprayers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A written statement of C and F;

1. Seizure records;

1. Application of gas guns, permits, photographs, and photographs of seized objects;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and Selection of fines, respectively, under Articles 73 (2) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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