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(영문) 창원지방법원 진주지원 2016.06.28 2016고단238

업무방해

Text

Defendant

A shall be punished by a fine of 7,00,000 won and by imprisonment of 4 months, respectively.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On August 14, 2015, the Defendant, at around 04:30 on August 14, 2015, 2015, performed alcohol together with B at G main points operated by the victim F in Sacheon-si, Sacheon-si, and the test cost came to be performed while drinking with B, the Defendant obstructed the victim’s drinking house business by force by avoiding disturbance between approximately 30 minutes, including where he/she thrown away all the tables on the main points, and thrown fire at the place.

B. On December 2015, the Defendant committed a crime in the middle of December 2015, the Defendant obstructed the victim’s vocational placement service by force by avoiding disturbances about 20 minutes, on the ground that he did not receive any money from the victim H in Sacheon-si vocational placement office operated by the victim H in Sacheon-si, △△△△△, for the reason that he did not receive any money.

2. Defendant B: (a) under the influence of alcohol at the same time and place as set forth in the above 1-A, Defendant B obstructed the victim F’s alcohol collection business by force by avoiding disturbances between about 30 minutes, such as booming a breab and throwing a breab and throwing a bridge, etc., and preventing customers who had entered the main points of the 30 minutes; and (b) thereby obstructing the victim F’s alcohol collection business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the laws and regulations on police statements made to J, H, F, and K;

1. Article 314(1) of the Criminal Act, fine (Defendant A) and imprisonment (Defendant B) with prison labor for the crime under the corresponding provision of the Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Defendant A) of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Defendant A’s crime with reason for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A) of the Criminal Procedure Act was committed during the period of repeated crime, but Defendant A committed a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court’s Jinju Branch on December 21, 201.