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(영문) 서울동부지방법원 2014.09.19 2014고정1265
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 01:00 on January 5, 2014, the Defendant and B engaged in drinking together at the main point of “D” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and obstructed the operation of the said main point, which is operated by the victim E (year 42) by force of approximately 20 minutes, such as a scambing scambling, a scambling, and a scambling, where the table of the said main point was scambling.

Accordingly, the Defendant conspiredd with B to interfere with the victim's main business by force.

2. Although the Defendant had a duty to pay attention not to do so when he was pushed in and was being pushed in with B at the same time and place as Paragraph 1, the Defendant neglected to do so by negligence when he was fighting and neglected to do so. In the process of the victim’s speech, the victim exceeded the floor at the same time and was faced with the part of the table in the table and suffered injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, Article 266 (1) of the Criminal Act and the choice of fines for the crime;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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