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(영문) 서울북부지방법원 2019.08.14 2019고정587
업무방해
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

"2019 Highly 587"

1. On April 5, 2018, the Defendant: (a) around 21:30, at the C restaurant located in Nowon-gu, Seoul Special Metropolitan City; (b) without any reason, at the time of drinking alcohol, the Defendant obstructed the victim’s legitimate restaurant business by force, 30 minutes of the disturbance, i.e., having the customer and the victim D, who is an employee, enter the floor of the restaurant; and (c) having the food equipment on the floor of the drinking bus and the food equipment for drinking alcohol, etc.

2. At around 03:40 on April 18, 2018, the Defendant interfered with the victim’s legitimate restaurant business for about 15 minutes by force, such as searching for the victim E, who is an employee, while working at the C restaurant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and finding out, without any justifiable reason, the alcohol disease was removed from the restaurant, and taking off the glass of the entrance to the restaurant, and bringing desire to the customers who want to enter the restaurant.

On April 18, 2018, from around 20:0 to 21:00 on April 2018, the Defendant demanded the victim G management “H” restaurant operated by the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, to change the victim’s cell phone, and demanded the victim to change the victim’s cell phone, and “sp and nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick nick h

Summary of Evidence

"2019 Highly 587"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of D and E;

1. On-site photographs, investigative reports, CCTV images inside a door-to-door;

1. A letter of arrest of each flagrant offender "2019,588";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each G statement;

1. Application of the statutes governing the arrest of flagrant offenders;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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