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(영문) 전주지방법원 2016.01.26 2015고정852

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

From April 18, 2015 to 1:40 on the same day, the Defendant: (a) from around 1:30 on April 18, 2015, the victim E, who entered the D convenience store located in Seojin-gu Seoul Metropolitan Government, and is calculated in the calculation team, demanded the victim to take part in several times; (b) but without complying with the demand, the Defendant interfered with the victim’s business over 10 minutes.

Summary of Evidence

1. Legal statement of witness E;

1. Application of ct-V photographs Acts and subordinate statutes

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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;

1. Determination as to the defendant's assertion under the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. At the time of the summary of the assertion, the Defendant merely resisted the victim’s desire in a state where other customers are engaged in normal duties, such as taking of goods or calculating goods.

2. Comprehensively taking account of the evidence duly adopted and examined by this court, it is recognized that the circumstance that the defendant, as a problem of tobacco purchase, continued in a situation where the customer, waiting in the atmosphere, was unable to calculate, prior to the wind that the defendant prevented the calculating unit of time, and expressed the victim’s desire.

Therefore, the above argument is not accepted.