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(영문) 서울북부지방법원 2015.11.03 2015고단3368
업무방해등
Text

1. The defendant shall be punished by a fine of 4,000,000 (private million).

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

1. On August 21, 2015, from around 05:00 to around 05:23, the Defendant interfered with the business, in the “D” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and in the process of sobing sobing, the Defendant collected the cump, etc. on the table, and obstructed the victim E’s restaurant management by avoiding disturbance without any justifiable reason.

2. On August 21, 2015, the Defendant obstruction of performance of official duties: (a) at the same place as Paragraph (1) on August 21, 2015; (b) at the same time as that of Paragraph (1); and (c) at the same time, G, a police officer of the Gangnam Police Station, who was called out after having received 112 reports that customers scam, attempted to arrest the Defendant as a flagrant offender in the crime of interference with business, thereby interfering with legitimate performance of duties regarding the prevention and suppression

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police officer's statement concerning E and G;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes concerning CCTV afforestation;

1. Articles 314(1) and 136(1) of the Criminal Act of the relevant statutory provisions on criminal facts (the choice of each fine, taking into account the fact that the relevant criminal facts are committed and contradictory to the fact that an agreement was reached on the part concerning the crime of interference with business);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the penalty provided for in the Act on Business with Serious Interference with Business);

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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