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(영문) 서울서부지방법원 2017.11.16 2017고정1307
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On July 5, 2017, from around 22:30 to 22:50 of the same day, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes, including: (a) the Defendant, from around July 5, 2017 to around July 22:30, 2017, expressed customers on the side in the “D” restaurant operated by Yongsan-gu Seoul Metropolitan Government, talking them at a large interest; and (b) continuously putting them out with drinking expenses; and (c) the Defendant interfered with the victim’s restaurant business by force.

2. Violation of the Punishment of Minor Offenses Act;

A. The Defendant, in front of the restaurant “D” as indicated in paragraph 1, she was drunk and breathed to a large number of unspecified people who passed without any justifiable reason, and she was in a riotous or disorderly manner by uttering or doing rough words or conducts, at a place in which many people frequent, such as the Defendant, who was under the influence of alcohol, and flading a disturbance, etc., and forced others to do so without any justifiable reason.

B. The Defendant, at the time of the day specified in paragraph 1, found the Defendant’s urine in front of the above “D” restaurant that many people frequent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 3(1)20 of the Punishment of Minor Offenses Act (the point of interference with drinking), Article 3(1)12 of the Punishment of Minor Offenses Act (the point of interference with drinking), the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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