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(영문) 창원지방법원 밀양지원 2015.02.05 2013고단603

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 9, 2013, the Defendant: (a) around 22:38, at the “D”; (b) around 22:38, the victim C’s main point of “D” operated by the Defendant, on the ground that other customers who had drinking alcohol are frighten; (c) under the influence of alcohol, the Defendant dumped the other customers by “ging, opening, ging, and ging them,” and humping them by hand, and humping them out of the main point.

Accordingly, the defendant interfered with the victim's main role operation by force.

2. At around 23:50 on the same day as above, the Defendant found the victim C’s failure to report it to the police and sent the police officer again, and provided the customer who had performed drinking at the same time with an intent to “the victim reported, confirmed, sent to the guider, she reported, and she reported the opening,” and sent the victim a disturbance over about 20 minutes, and let the customer who had performed drinking at that place out of the main place.

Accordingly, the defendant interfered with the victim's main role operation by force.

Summary of Evidence

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

1. Statement of the police statement regarding C (second time);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;