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(영문) 서울서부지방법원 2016.11.24 2016고단2187
업무방해
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

1. On June 7, 2015, the Defendant: (a) around 21:00, the Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government Victim D, on the ground that other customers play games within the adult game room on the ground that other customers play games. (b) “E”, the Defendant, within the adult game room, included money in the machine he/she used, called “ how he/she gets off the machine he/she gets out of the game room”; and (c) expressed a 10-minute hump and expressed a humf, and made customers go out of the game room.

Accordingly, the defendant interfered with the victim's game room business by force for about 10 minutes.

2. 피고인은 2015. 10. 3. 22:50경 제1항 기재 장소에서 피해자 D이 피고인이 사용 중이지 않은 게임기의 전원을 껐다는 이유로 "지금 내가 기계를 돌리고 있는데 왜 전원을 끄냐" 라고 소리를 지르며 20분가량 소란을 피워 위력으로 피해자의 게임장 영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes governing the criminal place

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant interferes with another person's business by force on two occasions, and that the defendant has many violence challenges, is disadvantageous.

However, the defendant's mistake is divided, and the victim does not want the punishment in favor of him, and the punishment was determined as ordered in consideration of all the factors of sentencing, such as the background leading to the crime in this case, age, character and conduct, and environment of the defendant.

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