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(영문) 서울남부지방법원 2012.12.21 2012고단4189
업무방해
Text

A fine of KRW 3,00,000 shall be imposed for the crimes of KRW 1,00,00,000, which are set forth in the judgment of the defendant as to the crimes of KRW 2.

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to a suspended sentence of ten months in Seoul Southern District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on August 24, 2012, and is currently in the grace period.

1. On January 12, 2012, around 07:19, the Defendant interfered with the victim’s convenience store business by force for about 20 minutes, including the following: (a) the victim D’s convenience store operated by Guro-gu Seoul Metropolitan Government Guro-gu in the convenience store; and (b) the victim’s humiliation, such as taking a bath and flaging the victim’s fingers, and preventing the customer from having access to the customer, etc.

2. At around 00:35 on October 12, 2012, the Defendant calculated 5,000 foot 1 disease (1.5 liter) in the Alley with the convenience points indicated in paragraph (1), and obstructed the victim’s business convenience stores by force for about 10 minutes, such as interfering with calculating KRW 5,00,00 and bringing about beer, on the ground that the victim expressed a request for calculation of KRW 5,00, and prevented the Defendant who seeks to possess beer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (a list of cases to be reported, such as a detailed statement);

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant Article 314 (1) of the Criminal Act concerning the crime, the choice of a fine (including the fact that the degree of damage is relatively minor) and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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