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(영문) 춘천지방법원 강릉지원 2020.05.28 2020고단253

업무방해등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 9, 2020, from around 21:05 to 21:18 of the same day, the Defendant was able to avoid disturbance by, for instance, taking a request for the payment of the drinking value from the victim even though he had already paid the drinking value at the “D” restaurant operated by the victim C (n.e., the age of 75) in Gangseo-si B market, and on the other hand, the Defendant was able to avoid disturbance by: (a) stating that he had already paid the drinking value, and (b) stating that he was again requested by the victim.

Accordingly, the Defendant interfered with the victim C's restaurant business by force.

2. The Defendant of special violence occurred with the victim C on the grounds of the date and time set forth in paragraph 1, at a place set forth in paragraph 1, and on the grounds of paragraph 1, the victim’s face as an empty beer, which is a dangerous article on the table, was taken into consideration, and the victim’s face was taken out again, and the victim’s back her face was taken out by drinking, and the victim’s head was taken once by drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on internal investigation (verification of CCTV at a place where CCTV occurred), CCTV images-fashion photographs, and CCTV video CDs;

1. Report of investigation (as to the victim C's wife and suspect's name), application of photographic Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of interference with business), the choice of fines for the crime;

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

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

1. A normal condition unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has a record of having been punished for a number of crimes of the same kind, and the period of repeated crimes resulting from the same crime is also the same.