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(영문) 서울중앙지방법원 2013.09.26 2013고정4851
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

"2013, 4851"

1. On 21:30 on 07. 07. 01., the Defendant obstructed the operation and business of the victim’s restaurant by force by avoiding disturbance over about four hours, and thereby obstructing the victim’s restaurant operation and business affairs by force. The Defendant committed a disturbance to the victim and the children of the victim “D” restaurant operated by the victim B in Gwanak-gu, Seoul Special Metropolitan City without any reason.

2. If the Defendant provided food despite having no intention or ability to pay the price at the date, time, and place as stated in Paragraph 1, he was paid as if he would pay the price, and he received food and alcoholic beverages from the said victim, such as one person for swine, one disease for cattle, and one disease for beer, and did not pay the price in 15,000 won, thereby acquiring property benefits equivalent to that amount.

around 10:45 on April 5, 2013, the Defendant: (a) had no intent or ability to pay taxi expenses because he/she was not in possession of cash or credit card; (b) had 16,000 won (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal City

Summary of Evidence

"2013, 4851"

1. Defendant's legal statement;

1. Statement to C by the police;

1. A cafeteria receipt, a copy of the cafeteria, 2013 High 4852;

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of the receipt statute

1. Relevant Article 314(1) of the Criminal Act concerning the facts constituting an offense, Article 314(1) of the Criminal Act concerning the choice of punishment, Article 347(1) of the Criminal Act;

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;

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

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