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(영문) 서울북부지방법원 2019.05.17 2018고정1734
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 25, 2018, around 05:12, 2018, the Defendant obstructed the victim’s main business by force for about five minutes, such as drinking, drinking, drinking, and drinking, and drinking, drinking, drinking, drinking, and drinking, and drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, etc.

2. On March 25, 2018, at around 05:12, the Defendant made a false statement to the effect that “C was sexually indecent act from the President (C)” in the Seoul Jung-gu building and the second floor “D,” the president (C) reported to the 112 and made a written statement to the effect that “C was sexually indecent act,” and that “C was indecent act by force by force on his/her hand, by driving the chest on his/her hand from March 27, 2018.”

그러나 사실 당시 C은, D 내에서 흥분하여 “그년 어디 있어”라고 소리치면서 다른 손님에게 다가가려고 하는 피고인의 손목을 잡아 피고인을 말린 사실이 있을 뿐 손으로 피고인의 가슴을 스치거나 가슴을 움켜쥔 사실은 전혀 없었다.

Nevertheless, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police suspect interrogation protocol against the defendant and C;

1. The written statement of the defendant;

1. A report on investigation (CCTV video recording data) and CCTV video recording data;

1. Investigation report (the details of telephone conversations with the suspect A), investigation report (the H telephone conversations with the witness), investigation report (the I telephone conversations with the witness), investigation report (the J telephone conversations with the witness), investigation report (the telephone conversations with the witness) and investigation report (the telephone conversation with the female guest No. 10 tables);

1. Report on investigation (on-site photographs);

1. Requests for cooperation in investigation (112 Report Settlement Statements) and the application of answer statutes;

1. Article 314(1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (a point of interference with business);

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