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(영문) 의정부지방법원 고양지원 2018.07.12 2018고정490

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 19, 2017, at around 03:30 on May 19, 2017, the Defendant: (a) expressed the victim C’s “D” in the name of “D’s operation,” without any justifiable reason, the Defendant, without the influence of alcohol, intended the said restaurant customers to take a large floor of the said restaurant; (b) sealed the table by hand; and (c) caused the instant table to fall off on the floor, thereby allowing the customers on the said cafeteria to leave the cafeteria; and (d) prevented them from entering the said cafeteria.

Accordingly, the Defendant interfered with the operation of the restaurant of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment shall be determined, in consideration of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized and reflected, the fact that there was an agreement with the victim, the fact that there was a history of punishment of a fine due to a violent crime or a crime of obstructing the performance of official duties before the instant case, the circumstances and result of the crime, etc.