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(영문) 부산지방법원 2019.01.09 2018고정1591

업무방해등

Text

1. The defendant shall be punished by a fine of one million won;

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

Reasons

Punishment of the crime

1. Around 01:30 on May 24, 2018, the Defendant and his/her relatives who interfere with the business, ordered the victim D (the 54 years old) located in the Geum-gu Busan (the 54 years old) to take a 2nd-dong of the 2nd-dong and the 2nd-dong of the 2nd-dong of the 2nd-dong, and the victim demanded the payment of the price, the victim took a bath, such as the cspath, “the Domin, the Domin, the Domin,” and the victim took a 40-minute of the 40-minute.

Accordingly, the defendant conspired with B to interfere with the victim's restaurant business by force.

2. The Defendant collected two stephece World Cups on the table at the above date, time, and place as seen earlier, followed the said victim. The instant World Cup was in line with the victim’s right face and the upper part.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. The application of the police investigation report to the defendant's legal statement D to each prosecution and police investigation report Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) A point of interference with business: Article 314 (1) of the Criminal Act;

(b) Points of assault: Article 260 (1) of the Criminal Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the upper limit of sentence scope of the crime of assaulting, which is heavier in the crime of interference

3. Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act to attract the workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. In this case, the decision of sentence is that the defendant laid a scam for about 40 minutes in a restaurant, such as scaming a scam for a deep night on the new wall, and interfered with the business, and assaulted the victim D with the scam for scam lease, and the nature of the crime and the circumstances are not good.

Due to the criminal act of the defendant, the victim seems to have suffered considerable shock and pain as well as physical damage.

Nevertheless, the defendant is the victim.