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(영문) 서울서부지방법원 2017.09.01 2016고정966
업무방해
Text

1. Defendant shall be punished by a fine of 200,000 won

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

Reasons

Punishment of the crime

On December 20, 2015, from around 21:30 to 22:30 of the same day, the Defendant: (a) stated that “D” restaurant operated by the victim C in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) the Defendant paid the Defendant a difference between the amount of food and the adjusted amount of the damaged; and (c) deducted the shortage from daily allowances; and (d) stated that the Defendant paid the Defendant the amount of the shortage from daily allowances, and thereby, the Defendant took the Defendant’s bath to the Defendant “Woo Mak Makk ? ? Makk ? ? Shek ?,” and obstructed the Defendant’s business of operating the restaurant for about one hour, such as, by avoiding the disturbance, the customers who provided meals at that place

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to report investigation by police officers;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant had a record of being fined several times due to the same kind of crime, but the circumstances of the case are considered in consideration of the circumstances of the case, the defendant's objection is somewhat high, and the crime is not serious, such as moving the victim's objection to the restaurant room at the victim's request, and the claim is deemed dismissed due to the need for examination of evidence.

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