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(영문) 서울북부지방법원 2015.07.10 2015고단1445
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

On June 4, 2014, from around 02:40 to 03:05 on the same day, the Defendant interfered with the victim’s entertainment tavern business by force, under the influence of alcohol, by neglecting the victim’s entertainment drinking club business, by drinking around the Dgate managed by the victim C in Seoul Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act and the choice of a fine for the crime;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On June 4, 2014, from around 02:40 to 03:05 on the same day, the Defendant publicly insultingd the victim by putting the victim under the influence of the victim C in Jung-gu Seoul, Jung-gu, the Defendant at the entrance administered by the victim C, who access the above age club without any justifiable reason, and, under the influence of alcohol, he was subject to the victim C by raising the disturbance, such as paying time fees, etc., and he was subject to the control of the victim C, and by putting the victim’s desire, such as “Chewing typ, ring, flus, bitch, and fris.”

2. The above facts charged against the board of directors are crimes falling under Article 311 of the Criminal Act and may be prosecuted only when a victim files a complaint pursuant to Article 312 (1) of the Criminal Act.

However, according to the written agreement dated July 3, 2015, it is recognized that the victim agreed to revoke the complaint after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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