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(영문) 서울남부지방법원 2013.10.29 2013고정2596
업무방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:50 on January 7, 2013, the Defendant expressed a desire to be “this sprink” on the ground that E, while drinking alcoholic beverages on the side tables at the main point of “D” operated by the victim C, who was on the second underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, takes a bath to be “this sprink” on the ground that he would turn back to the seat of the Defendant who was seated on his table while drinking alcoholic beverages at a toilet, and returned to the seat, and sprinked the Defendant’s head by putting the sprink on the table, and interfered with the Defendant’s restaurant business by force for about one hour, such as having the customers outside the restaurant, who were sprinked with the sprink.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as the same as the order, in consideration of the fact that the defendant has no criminal record of the same kind, the confession and his depth over the crime, and the age, character and conduct, occupation, family environment, etc.

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