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Reasons
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(영문) 서울중앙지방법원 2014.05.30 2013고정6397
업무방해
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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant referred to as “F” at the center of “E” operated by the victim D in Jongno-gu Seoul Metropolitan Government.

The Defendant, within the main point of “E” around July 6, 2012, around 20:0, at the immediately preceding 20:0, she saw that the Defendant was seated with the above main main part of the said main part of the said main part of the said main part of the said main part of the Defendant, and she received a claim from “not to enter the said G, due to her husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and G's respective legal statements;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was sentenced to a fine for injury to G, which had already been committed on the date and time of the instant case, and the judgment became final and conclusive, and the Defendant shall be acquitted of the facts charged in this case, which have res judicata effect.

2. According to the records, the Defendant was sentenced to a fine of KRW 2 million at the Seoul Central District Court on February 6, 2013 and the said judgment became final and conclusive on the following grounds: (a) the Defendant inflicted injury on G prior to the main point of the instant “E”, which requires approximately six (6) weeks of treatment of G.

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