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(영문) 서울남부지방법원 2015.04.29 2015고단607
업무방해
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Crimes committed on January 29, 2015;

A. On January 29, 2015, at around 21:40, the Defendant: (a) requested the victim E, a kitchen, from his/her trade name “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, to drink; (b) however, the Defendant: (c) even before the victim, expressed that the suspect would not drink while drinking alcohol and drinking eggs; (d) caused the Defendant to avoid entering the said drinking house by a threat of force for about 15 minutes; (c) the Defendant interfered with the drinking business by failing to enter the said drinking house by doing so.

B. On January 29, 2015, at around 23:00, the Defendant re-exploited at the same place as the description of paragraph 1(a) and took a large amount of lusium, saying, “The Defendant was from a lusium, flusium, flusium, flusium, and flusium.” The Defendant interfered with the drinking business by force for about five minutes by avoiding disturbance and allowing customers in the foregoing drinking house to get out.

2. On February 11, 2015, the Defendant: (a) around 22:00 on February 11, 2015, the Defendant: (b) expressed the alcohol to the victim F, who is a business proprietor, at the instant paragraph 1’s house; (c) expressed the alcohol to the victim F, who is a business proprietor; and (d) expressed the disturbance to the large amount of “Chewing”; and (d) made the customers, who were in the said drinking house, enter into the drinking house, thereby interfering with the business of the drinking house by force for about one hour.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to each statement;

1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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. The Defendant committed the instant crime again despite the fact that there are several criminal records of the same kind in sentencing grounds for sentencing under Article 334(1) of the Criminal Procedure Act, is disadvantageous to the Defendant.

Some victims do not want the punishment of the defendant, the defendant appears to recognize and reflect the facts of the crime, and the defendant is contingent.

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