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(영문) 서울중앙지방법원 2015.06.24 2014고정5801
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:00 on November 1, 2014, the Defendant obstructed the victim’s restaurant operation by force for about 15 minutes, including “E”, “E” in front of the restaurant operated by the victim D in Jung-gu Seoul, Jung-gu, Seoul, intended the rest of customers under the influence of alcohol, and harming the victim’s restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness F's legal statement, and witness D's legal statement;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around 20:00 on November 1, 2014, the summary of the charge was “E” restaurant operated by the victim D(54 years of age) located in Jung-gu Seoul Metropolitan Government, and the victim’s face resisting the Defendant’s disturbance was drinking, booming the breath, and booming the breath, thereby damaging the victim into the bottom, and b1-day medical treatment was provided to the victim.

2. According to the evidence as seen earlier, the Defendant, at the restaurant of the victim, was able to see the victim’s disturbance, such as standing the victim’s scam to the customers and taking the scam, etc., and the victim left the room to scam from the customers. In this case, the Defendant, while intending not to have the victim, is recognized as having the victim scam and scam.

However, as stated in the above facts charged, there is a health room where the defendant's face is found to be taken by drinking the victim's face, and spathing the flab, and thereby harming the victim's face over the floor, part of the witness D's legal statement, the statement of the police's interrogation protocol on D's suspect, the statement of the police's protocol on D's interrogation, the statement of the investigation report(s) and part of the investigation report(s) and the diagnosis report on D's injury. However, there is a witness F's legal statement and the investigation report CCTV.

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