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(영문) 인천지방법원 2020.11.12 2020고정1315

업무방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On November 24, 2019, at around 15:30 on November 24, 2019, the Defendant interfered with business: (a) did not account in D, under the influence of alcohol, the victim C, located in Nam-gu Incheon Metropolitan City, without any justifiable reason; (b) the victim and his/her wife, who was sitting on his/her side tables, expressed the phrase “weld with the driver,” and prevented the Defendant from entering a restaurant for about 30 minutes, by using a large voice of the victim and his/her wife’s wife.

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

B. The Defendant, at the same time and place as the above “A”, publicly insultingd the victim’s wishes, such as “the victim’s horse E, a police officer, who was called upon 112 report, for the said restaurant business operator and the customer’s hearing at the same place as the above “A,” “A,” “A, a woman’s free will,” and “a woman’s free will, I have to come to governance.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A complaint;

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

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

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

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