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(영문) 대구지방법원 2021.01.14 2020고단5063

업무방해

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 14, 2020, the Defendant was unable to take measures to return to Korea by a police officer after receiving 112 a report, on September 14, 2020, at around 03:00, the Defendant: (a) was under the influence of alcohol from “D (D) main points operated by the Victim C in Busan-si; (b) the victim was frighted to h, end, end, the year in which the victim was fright to sell for sale; (c) the year in which he was fright to h, and the thickness to close the funeral door”; and (d) the Defendant was unable to take measures to return to Korea by the victim at around 04:32 of the same day on the second main points of the same day, for the following reasons: (a) the victim was unable to perform funeral for the time, (b) the Plaintiff was able to take a large amount of 30 minutes of smoking, such as “the year in which she was frighted,” and (c) the victim was h.

Accordingly, the defendant interfered with the victim's main business by force.

Around 01:50 on October 25, 2020, the Defendant: (a) tried to drink alcohol at the main points of “D” located in Busan City B on October 25, 2020; (b) provided a bath to the victim C, who is the owner of the business, who refuses to do so; (c) provided the victim’s “Chewing year, the same year”; (d) continuously provided the victim E with an article, and (e) continued to put the employee E with the noise of approximately 30 minutes, such as “grhh, knife” and “nife,” so that other customers are unable to enter the said main points.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

Summary of Evidence

[20 Highest 5063]

1. Statement by the defendant in court;

1. A written statement (C) (2020 order 5702);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with each business) and the selection of fines for the crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 70(1) and Article 69(2) of the Criminal Procedure Act, which requires the custody of a workhouse, has the career of having been punished several times by the Defendant, and the period of repeated offense was sentenced to three years and six months by imprisonment with prison labor at the Daegu District Court on July 22, 2016, and the Defendant was sentenced to robbery injury at the prison on December 13, 2019.