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(영문) 서울동부지방법원 2015.12.23 2015고단855
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 5, 2015, around 00:20, the Defendant demanded that the victim C, operated by the victim C in Songpa-gu Seoul Metropolitan Government, “A public announcement source noise resolution is changed. Unless otherwise, the costs of public announcement source will be returned.”

When the victim refuses to do so, the Defendant reported the side on the floor of the Gowon emergency exit, and expressed the victim the victim’s desire to “the opening, brush,” and opened the door of the president room, and obstructed the victim’s management work by force by avoiding disturbance for about one hour and seven minutes from the same day until 01:27 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the choice of punishment for a crime (elective of fines: In many cases, however, the victim does not want punishment by mutual consent with the victim);

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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