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(영문) 서울북부지방법원 2014.06.17 2014고정1174
업무방해
Text

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

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

Reasons

Punishment of the crime

1. From around May 10, 2013 to around 20:00 on May 10, 2013, the Defendant expressed the victim’s desire to “E” restaurant operated by the victim D (hereinafter “E”) who was only or known prior to the Plaintiff’s neglect of the Defendant at the victim’s “E” restaurant operated by the victim D (hereinafter “E”), which was located in Seoul Jung-gu, Seoul, and thereby interfered with the victim’s restaurant business by force by taking advantage of the victim’s negligence on the part of the Defendant.

2. On June 20, 2013, around 11:00 on June 20, 2013, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance between about 30 minutes and preventing customers who had entered the restaurant from entering the restaurant, and obstructing the victim’s restaurant business by force. The Defendant, at the place indicated in paragraph (1) of this Article, putting the labbbing the Defendant, on the ground that the victim deemed the Defendant to have habited, with the view to: “I will not see the hump so as to hump,” and the victim’s “I will throw the hum, so as to throw the hump, and throw the fire away.”

3. On June 21, 2013, at around 18:00 on June 21, 2013, the Defendant obstructed the victim’s restaurant business by force by avoiding a disturbance between about 20 minutes, such as: (a) the victim’s failure to meet and neglect the Defendant at the place specified in paragraph (1) on the ground that the victim was at his/her negligence; and (b) the victim’s failure to do so; and (c) the victim’s failure to comply with the agreement; and (d) the victim’s refusal to leave the restaurant, and thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A statement prepared by the F;

1. Investigation report (related to statements of witnesses) (47 pages of investigation records);

1. Application of Acts and subordinate statutes to visual photographys;

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 and Article 38(1)2 of the Criminal Act are applicable;

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