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(영문) 부산지방법원 2014.07.22 2014고정2345

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 11:40 on March 13, 2014, the Defendant: (a) on the street in front of the victim D’s operation “Emart” in Busan Jin-gu, Busan; (b) on the street, the former Defendant collected empty garbage from the said marina, and did not remove garbage from the said marina; and (c) thereby, the Defendant heard the victim’s words “I would like to bring about gambling.” In other words, the Defendant sought the horses from the victim; and (d) again, the Defendant obstructed the victim’s marina business by force, such as “I would like this case, but I would see if I would like it, I would see it at this place,” and she seeed the victim’s bicycle, which was displayed in front of the said marina, with a bicycle displayed on the front of the said marina, and the customers, who had come to the said marina over about 30 minutes, such as a car, were forced to enter the said marina, thereby interfering with the victim’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;