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(영문) 수원지방법원 2020.04.24 2019고정1583

업무방해등

Text

Defendant shall be punished by a fine of 1.4 million won.

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

Reasons

Punishment of the crime

1. On July 24, 2019, at around 17:45 on July 24, 2019, the Defendant obstructed the Defendant’s business operation of the victim’s restaurant by force over about 10 minutes, including, but not limited to, the victim’s “D” under the influence of alcohol, he heard a claim that food would satisfe the customer while making the food cost, and that he would be satched from the customer. In doing so, the Defendant satisfing the Defendant’s restaurant operation by force.

2. An alien staying in the Republic of Korea in violation of the Immigration Control Act shall always carry his/her passport, seafarers¡¯ identity document, entry permit for foreigners, foreigner registration certificate, or landing permit, and the immigration control official or authorized public official shall present his/her passport, etc.

Nevertheless, on July 24, 2019, the Defendant was requested to produce a foreign registration certificate, etc. from F of the police officer of the Suwon Police Station E-gu of the Suwon Police Station called up after receiving a report from 112 that the Defendant interfered with his/her business at the place specified in paragraph (1) around 18:15, but did not present it.

Summary of Evidence

1. Defendant's legal statement;

1. G and H written statements;

1. Application of the Acts and subordinate statutes governing the photograph of the crime scene (CCTV);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning facts constituting an offense, and Articles 98 subparagraph 1 and 27 of the Immigration Control Act (the point of violating the duty to present passports

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his behavior, the victim with obstruction of business expressed his intention that the above victim does not want the punishment of the defendant by payment of one million won, and other matters concerning the age, character, environment, and crime of the defendant.