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(영문) 서울남부지방법원 2013.05.21 2012고정3954
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 12:40 on February 1, 2012, the Defendant jointly with B, attempted to enter a restaurant in Geumcheon-gu Seoul Metropolitan Government, to drink, but did not sell alcoholic beverages on the ground that the Defendant and B are under the influence of alcohol, the Defendant did not sell alcoholic beverages, and the Defendant stated that “I will not sell alcoholic beverages to you?” The Defendant interfered with the victim’s restaurant business for about 35 minutes by exercising power, such as by leaving the fright, which was under the cooling, “I do not have any fright fright,” and the Defendant interfered with the victim’s restaurant business.

2. The Defendant filed 112 reports at the time and place under the preceding paragraph on the same grounds as that of the preceding paragraph, and the victim F (ma, South and 54 years old) was dispatched to the site by the Geumcheon Police Station E-gu Seoul, Geumcheon Police Station E-gu, Seoul, the victim, who received the reports, and subsequently insulting the victim by openly insulting the victim by “I am out of why I am going to do so. I am going to do so. I am to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of each police protocol to D and F

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of decision 1: Articles 314(1) and 30 of the Criminal Act;

(b) Point 2: Article 311 of the Criminal Act;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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