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(영문) 서울북부지방법원 2014.05.13 2014고정574
업무방해등
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

1. Around 00:20 on November 3, 2013, the Defendant interfered with the business of the Defendant: (a) arrived at the front door of the “Korea Duna Club” located in the Gangseo-gu Seoul, Gangnam-gu, Seoul, which is a destination, after boarding a taxi for D business that is operated by the victim C in front of the U.S. subway station located in Gangnam-gu, Seoul; and (b) took a large amount of taxi charges from 00:40 to 00,000, the Defendant expressed the victim’s desire that “the bit of bitch bitch bitch, bitch bitch bitch,” and the victim could not depart from the taxi via out of the door.

Accordingly, the Defendant interfered with the taxi business of the victim by force.

2. At the time, at the time, at the place specified in the preceding paragraph, the Defendant publicly insultd the victim by seeing that the victim F of the E box sent out after having received the report of the disturbance, such as the time, time, and place indicated in the preceding paragraph, would interfere with the business of the taxi and returned home from the victim F of the police box affiliated with the said police box, and that he would not interfere with the business of the taxi. A taxi engineer C and a police officer G of the same police station, before the victim, “the victim shall bit the bit bit

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes governing field photographs of business obstruction;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

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

1. As to the defense counsel’s assertion of Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the defendant’s act does not constitute force of the crime of interference with business.

In relation to the crime of interference with business, the term "comfort force" means all tangible and intangible forces capable of suppressing and mixing a person's free will, as well as assault and intimidation, and pressure by social, economic and political status and royalty.

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