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(영문) 인천지방법원 2015.12.18 2015고정590

업무방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by KRW 1,000,000 for each of the defendants B.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendant stated in the indictment as of October 16, 2014, but it is apparent that it is a clerical error as of October 17, 2014. As such, the Defendant’s correction without the amendment to the indictment is made. Around 01:00, the Defendant himself sing in the “F dan” operated by the victim E located in Bupyeong-gu Incheon Metropolitan Government, and the Defendant interfered with the Defendant’s main business by force, such as by force, the victim’s main business by dyp, which had a large sound as “dyke,” on the ground that other customers were sing up music at the middle.

2. The Defendants returned to the above main points around 01:00 on November 4, 2014.

Defendant

A on the ground that the victim tolds that he would not sell alcohol to the party, it is illegal to use a Handphone, and “tobacco smoking is an illegal way. The Handphones are not flabed. No flab by the flab. The flab,” and Defendant B made a sound by stating that “I will report” in a large voice.

Accordingly, the Defendants conspired to interfere with the victim's bar business business.

Summary of Evidence

1. Statements made by witnesses E in the fourth trial records;

1. Each statement of G and H;

1. A report on investigation (the change of the date of crime) 1, and a report on investigation (Attachment to photographs);

1. Application of Acts and subordinate statutes requesting cooperation in investigation (112 reporting and requesting data);

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Article 314(1), Article 313 (1), Article 314(1), Article 314(1), Article 313, Article 30 (a), Article 313, Article 30 (a) of the Criminal Act (the point of interfering with the business of October 17, 2014), and Article 314(1), Article 313, Article 310, and Article 314(1), Article 313, Article 30 of the Criminal Act, and Article 314

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order (the defendant) shall be issued.