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(영문) 서울남부지방법원 2020.06.11 2020고단1315
업무방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On December 9, 2019, the Defendants’ co-principaled Defendants: (a) around 07:20 on December 9, 2019, when they were waiting to enter the 'E’ restaurant where victims D (the age of 48) located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as “E”), and ordered them to take food as customers; (b) without any particular reason, spit down spiting down the cafeteria on the restaurant floor; (c) made other customers feel a disturbance while taking a bath and talking; and (d) upon the victim’s request that “the other customers would suffer damage”, Defendant A was unable to avoid disturbance for about 30 minutes, such as taking the victim’s clothes, putting the victim’s clothes, continuing to do so, and taking a bath.

Accordingly, the Defendants conspired with and by force interfered with the victim's restaurant business.

2. The Defendant B, on the ground of the fact that he interfered with the same business as described in paragraph (1), was called to the police officer and tried to investigate the Defendant, and the Defendant was willing to engage in the act as if the Defendant was F, who was the Defendant’s birth for hiding the fact that the Defendant was fine.

On December 09, 2019, the Defendant violated the Resident Registration Act, at around 07:59, the police officers dispatched to the “E” restaurant located in Gwanak-gu, Seoul Special Metropolitan City, were arrested in flagrant offender due to the charge of interference with the duties as described in paragraph (1) and investigated, and used the F resident registration number (G) of a friendly F in order to conceal the fact of his/her fine completion as his/her resident registration number, thereby denying another person’s resident registration number.

B. On December 109, 2019, the Defendant: (a) was examined by the police officer I as a suspected fact of interference with business as described in paragraph (1) at H and office of the Seoul Maak Police Station H and office of the Seoul Maak Police Station; and (b) was conducted as if he was F with the Defendant’s birth in order to conceal the fact of his fine completion; (c) was written as “F” in the statement column located at the end of the protocol of suspect interrogation; and (d) was signed and sealed accordingly.

The defendant continued to have prepared the interrogation protocol as above.

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