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(영문) 서울동부지방법원 2020.12.18 2020고정1002

업무방해

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant agreed with the victim B of the accident due to the traffic accident that he caused one year prior to the occurrence of the accident. Since then, the victim's insurance company was subjected to the claim for reimbursement related to the traffic accident, it thought that the victim was responsible for it, and thought that the victim was responsible for it, and led the victim to bullying.

On March 26, 2020, at around 22:13, the Defendant: (a) talked with the victim working in D cafeteria located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and talked with the victim about a traffic accident one-year prior to approximately one year before the victim by walking the phone; and (b) talking with the victim about the traffic accident, “Is the fluort fluort fluor, fluort fluor, and fluort fluort fluor.” From around 40 minutes of the same day until around 22:58 of the same day.

In addition, the defendant from that time to that year.

4. 8. 18:47경까지 별지 범죄일람표 기재와 같이 총 33회에 걸쳐 피해자에게 매장 운영시간 중 전화를 걸어 욕설을 하거나 떡볶이 배달을 반복적으로 요구하는 등 피해자로 하여금 배달 주문 접수 등 정상적인 업무를 보지 못하게 하였다.

Accordingly, the Defendant interfered with the restaurant business operated by the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. B Application of the Acts and subordinate statutes governing stenographic records and stenographic records which a suspect has made on a cell phone of a victim, each investigation report to the prosecutor's office on investigation report (Submission of B currency list which is a complaint) (written confirmation of payment of insurance proceeds related to traffic accident, 112 report handling table, suspect and cell phone telephone contents, and details of telephone call made by the suspect to the victim D) by the police investigation report to the prosecution;

1. Article 314 (1) of the Criminal Act and the choice of fines for the crime;

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.