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서울중앙지방법원 2013.07.23 2013고정2356
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is between the victim B (Y, 62 years of age) and the victim who had been living together in the past;

1. On September 6, 2012, around 14:00, at “D restaurant” operated by the injured party B located in Jongno-gu Seoul Metropolitan Government, the victim’s restaurant business is obstructed by force for about one hour, including: (a) drinking alcohol and drinking alcohol; (b) drinking alcohol; and (c) drinking in front of the restaurant; (c) sitting down on the front of the restaurant; (d) preventing customers from entering the restaurant; and (c) allowing ten customers aboard the restaurant; and (d) allowing them to have more than 10 customers aboard the restaurant;

2. From 21:30 to 23:00 on the same day as described in paragraph 1, the victim expressed the victim’s desire to “I will see this chymnasium, the same gymnasium,” and “I will die,” in large interest, and obstructed the victim’s restaurant business by force for about one hour and 30 minutes, such as prohibiting customers from entering the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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;

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