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(영문) 서울북부지방법원 2018.03.23 2018고정66
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around August 201, 2017, the Defendant obstructed the victim’s business by force for about 30 minutes until around 20:30 minutes from the same day, such as: (a) the Defendant smoked while drinking alcohol within the “D” head office located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, without any justifiable reason while drinking alcohol; and (b) the customer holding a beer’s disease and taking a bath on the surrounding table.

2. On August 11, 2017, the Defendant: (a) arrested and taken custody of a person suspected of committing a crime under paragraph (1) within the network 391 Seoul Jung-gu Seoul Central Guard Station; and (b) caused damage to the Defendant, in his/her hand, to the fact that he/she was arrested and detained in the process of confirming a certificate of the arrest of a flagrant offender; and (c) teared the above certificate, which is a public document, in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A report on internal investigation (a report on the damage to a certificate of a suspected person A);

1. A written confirmation of tear or tear taken by a cell phone with a photograph or the skin's hand;

1. Application of statutes on business registration certificates;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 141 (1) of the Criminal Act (the point of invalidity of documents for public use) and 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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