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(영문) 의정부지방법원 고양지원 2018.08.17 2018고단1660
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 27, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Seoul Western District Court on December 18, 2017 and completed the execution of the sentence at the Seoul Southern Southern District Court on December 18, 2017.

1. On June 23, 2018, the Defendant: (a) around 10:30, and around 10:30, in the “E cafeteria” operated by the victim D (52) located on the first floor of the building C of the Dong-dong, Yongsan-gu, Yongsan-gu, U.S.; (b) on the ground that the victim’s behavior was obstructed by the Defendant, the Defendant 20 minutes of the disturbance, i.e., e., e., e., taking the victim’s desire to boom the victim; and (c) making the customers feel uneasible.

In addition, the defendant found the above restaurant in around 13:00 on the same day, and again, in one way, found approximately 20 minutes of the disturbance in the restaurant so that customers in the restaurant are uneasy and they could not enter the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force over twice.

2. On June 23, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested in the act of interference with the above business on the part of June 13, 2018; and (b) was transferred to G District located in Goyang-dong, Yongsan-gu, Goyang-si; (c) and (d) was within the said District.

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H, I, and J;

1. A criminal investigation report (Analysis and investigation of the data on video recording ofCCTV) - a photograph and an investigation report (a confirmation of the data on video recording ofCCTV and the fy campaign) by capturing the data on video recording ofCCTV;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (verification of judgment in the same kind as the period of repeated crime), and the current status of expropriation of each individual;

1. Article 314(1) of the Criminal Act (Interference with business, choice of imprisonment), Article 314(3) of the Punishment of Minor Offenses Act, each of the applicable laws and the choice of punishment for the crime.

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