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(영문) 서울중앙지방법원 2014.02.05 2013고단6182
업무방해
Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On 23:33 on 2013.24. 24. 23:33, the Defendant, at the main point of “E” operated by Co-Defendant C, the Defendant, while drinking alcohol together with Co-Defendant F, became a trial expense on the ground that the Defendant was aware of the treatment of the Defendant against Co-Defendant F. In the course of assaulting the Defendant’s left head by 500C beer mar, when Co-Defendant c was drinking, with one time the Defendant’s left head, then the Defendant boomed each other, such as throwing down waste, cutting off the brue with his client, hick, etc., and let the customers drinking alcohol within the said main point, thereby obstructing the Defendant’s main business by force.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. Application of statutes on field photographs;

1. Articles 314 (1) and 30 of the Criminal Act applicable to the crime;

1. Selection of a fine to choose a sentence (to take into account the circumstances leading to the instant crime in the course of being assaulted by Co-Defendant F by Co-Defendant F);

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

1. It is so decided as per Disposition on the grounds that a fine of 300,000 won [the amount of the fine shall be determined by taking into account the following circumstances as to the defendant's circumstances, namely, the background leading up to the defendant's conduct of interfering with the business of this case, the degree of force leading to interference with the business of this case, the degree of harm inflicted on the victim, and the victim's favorable advantage of the defendant] or more is sentenced to a fine of 50,000 won (limited to a fine of 50,000 won (limited to below)

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