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(영문) 수원지방법원 성남지원 2014.02.21 2013고단2805

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 00:05 on September 13, 2013, the Defendant expressed the victim D’s E restaurant in Gwangju-si, the Defendant expressed the victim D and the victim F, who is the wife of the victim D, that “I would know why I would have her frier frier???? I expressed the victim D’s desire to her frier frier friert???? I expressed the victim D’s frier frier frier frier far. f. f. d. f. d. h., the Defendant f.........”

Accordingly, the defendant insultd the victims openly.

2. On September 13, 2013, from around 00:05 to around 00:10 on the same day, the Defendant: (a) took the victim’s places indicated in the preceding paragraph, namely, taking the victim’s bath in a large amount as referred to in the preceding paragraph; (b) went back to the place; and (c) prevented the customer from entering the place where the customer got out of the place and let the customer enter the place.

Accordingly, the Defendant interfered with the victim's restaurant business by force for about five minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Application of each police protocol of statement to F and D;

1. Relevant Article 314 (1) and Article 311 of the Criminal Act concerning facts constituting an offense, and Articles 314 (1) and 311 of the Criminal Act selecting a fine (Consideration of motive of committing an offense, relationship between the defendant and the victim, degree of damage,

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

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