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(영문) 대구지방법원 2013.11.13 2013고정2339

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On July 16, 2013, at around 00:05, the Defendant ordered an employee F to have only one disease and one manan week in the E-cafeteria operated by the victim D in Busan Metropolitan City.

However, there was no money held by the defendant, and there was no intention or ability to pay the above food value to the victim.

The defendant was provided from F to F, that is, the victim's 1 disease and Madan week, which are owned by the victim.

2. On July 16, 2013, from around 00:05 to 02:50 the same day, the Defendant interfered with the business, from around 00:05 to around 02:50 on the same day, the Defendant, under the influence of alcohol, demanded other customers who were seated in the surrounding restaurant to drink with tobacco and drink, and caused them to go away from the place, such as booming a disturbance and taking a bath.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to investigation reports (the monetary content with employees F);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 314 (1) of the Criminal Act concerning the choice of criminal facts;

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

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;