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(영문) 대구지방법원 포항지원 2018.08.29 2018고정199

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 October 23, 2017, from around 14:00 to 17:00, the Defendant was unable to enter the said restaurant by having customers enter the said restaurant, and interfered with the victim’s restaurant business by abusing force by force, by obstructing customers who had been eating out of the said restaurant by stopping their meals and by forcing them to take out out of the restaurant, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the second police interrogation protocol against the defendant

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of recording materials submitted by a complainant), investigation reports (as to the preparation of a record of conversations of smartphone recording files);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 of the Criminal Act, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;