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(영문) 서울중앙지방법원 2017.04.18 2017고정455
업무방해등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a customer of the 'C' restaurant operated by the victim B.

1. On November 12, 2016, the Defendant damaged property: (a) on November 15:10, 2016, the Defendant: (b) provided a 1studio and a 1studio in the “C” located in Heungdong-gu, Chungcheongnam-gu; and (c) provided a phone call to a person who leased a Handphone of E, a part-time student of the said restaurant.

The Defendant, on the ground that he was cafeteriad to the cafeteria, but he was cut off, and was cut off by the table, and damaged a half of the 5,000 won in the market price by cutting off the physical disease on the table.

2. The Defendant interfered with the duties of the Defendant: (a) was under the influence of alcohol at a temporary location set forth in the above “A; (b) was in a restaurant; (c) was taking the restaurant staff; (d) took a bath by a large voice to the restaurant staff; and (e) took a disturbance, such as taking a fire bell, and allowing customers to leave the place, thereby interfering with the victim’s restaurant business by force for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Each police investigation report;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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