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(영문) 인천지방법원 부천지원 2016.06.15 2016고정411

업무방해

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 27, 2013, the Defendant distributed approximately KRW 2,700 (50 won per 1 50 won per 135,000 won) of the D cafeteria operated by the Victim C, and received KRW 120,000 out of the distribution fee of KRW 135,000 and did not receive KRW 15,00.

1. On April 9, 2015, the Defendant demanded 15,000 won of the former distribution cost unpaid in 2013 by leaving the phone number F of 'D cafeteria E' at Kimpo-si, Kimpo-si, Kimpo-si on April 9, 2015, and obstructed the Defendant’s delivery business of the victim’s cafeteria by force by continuously holding the phone via a restaurant over several times during an irregular time.

2. On April 10, 2015, at around 13:00 on April 10, 2015, the Defendant found the “D cafeteria” restaurant and obstructed the business affairs of the victim restaurant by force, such as changing KRW 15,000, which was not distributed in the past, and turning about about one hour, in the situation where approximately 4-5 teams are customers.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes written in G and H

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

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

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;