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(영문) 인천지방법원 2014.05.30 2014고정1008

업무방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on December 7, 2013.

From around 13:00 to 13:30 on April 11, 2013, the Defendant interfered with the victim’s business affairs by force by preventing entry of other customers by avoiding disturbance for about 30 minutes, such as “to receive compensation after return of food value,” within the restaurant of “E” in the operation of the victim D (E, 55 years old) located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, while drunk, the Defendant breadding the customers of other table with a large amount of time, and breading them, and breading them.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Previous convictions in judgment: Results of case search, application of two copies of judgment and other Acts and subordinate statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.