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(영문) 서울남부지방법원 2015.04.22 2015고정467
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.

Reasons

Punishment of the crime

On November 27, 2014, at around 20:58, the Defendant 15 minutes of the 2014. Around 20:58, the Defendant 15 minutes of the 2015 minutes of the 2015th day, following the following: (a) the Defendant drinking alcohol at E D stores operated by the victim D in Gangseo-gu Seoul Metropolitan Government; (b) the Defendant, an employee of the said f shop, expressed a defect that it is difficult for F to sell the alcohol to the Defendant.

Accordingly, the defendant interfered with the victim's business by force.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. The application of Acts and subordinate statutes to attach investigative reports, interference with business, video recording images of violence and CCTV and photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) the victim F, at the time, at the time, place specified in the judgment; and (b) the victim F, who was able to take away the Defendant out of the place; and (c) assaulted the victim, such as breathing the breath of the victim, and

2. This part of the facts charged constitutes a crime of assault under Article 260(1) of the Criminal Act, which cannot be punished against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

Since a written agreement on April 14, 2014, which was after the prosecution of this case, submitted to this court that the victim does not want the punishment of the defendant, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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