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(영문) 의정부지방법원 2017.06.26 2017고단1501

업무방해등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[2017 Highest 1501] From around 05:00 on January 18, 2017 to 05:30 on the same day, the Defendant interfered with the victim’s taxi operation by force by force on the ground that the victim D, who is a taxi engineer, was carrying customers and was trying to depart from the taxi, caused the said customers to get aboard the taxi, and the said customers was deprived of scurt sick on the road.

[2017 Highest 2226]

1. On May 15, 2017, at around 01:50 on May 15, 2017, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, such as ordering the victim’s food to the “F” restaurant located in Dongducheon-si, where the cause of the grouping members was attached to G, and the victim was broken and sounded on the floor of the group, and the disturbance was caused by the noise, and allowing the non-residents of the meals at that place to take out of the restaurant, thereby obstructing the victim’s restaurant business.

2. The Defendant ordered the Victim G, who was an employee, to pay the food value at the time and place set forth in paragraph 1, and ordered the Victim G, to have his/her employees at the same time and place.

However, the defendant did not have an intention or ability to pay food value because he did not have cash or credit card.

Nevertheless, the defendant deceiving the victim as above and provided food equivalent to KRW 10,000 at the market price from the damaged person, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to D or G;

1. The receipt for the drinking value, each description of a field photograph, and the application of statutes on images;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud), and the choice of fines, respectively, 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 provides that a provisional payment order shall be issued.