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(영문) 인천지방법원 부천지원 2013.08.28 2013고정1169

업무방해

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 1, 2013, from around 22:00 to 23:40 of the same day, the Defendant: (a) had the Defendant, who was drunk from the victim C’s “D' store in Bupyeong-gu, Seocheon-gu; and (b) had the Defendant go away from her place by the Defendant, on the ground that the victim was demanded to go at the main store without drinking alcohol; and (c) had the victim go to the Defendant, such as having the Defendant show the Defendant and continuously opening the door.

Accordingly, the Defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Statement to the effect that the defendant is aware of the date and time stated in the facts constituting the crime as stated in the judgment of the defendant, and that the defendant is drunk;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of the Act and subordinate statutes to report on investigation (for investigation by telephone call of the victim);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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;