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(영문) 대구지방법원 김천지원 2014.06.19 2014고단142

업무방해

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. From January 18, 2014 to January 17:30, 2014, the Defendant 17:45 slope from January 17, 2014, 17:45 degrees of 17:45 degrees of 17:45 degrees of 17:45 degrees of 17:45 degrees of 17:45 degrees of 17:30 on the same day, he/she gets drunkd

Accordingly, for about 15 minutes, the victim sent out of the restaurant by having the defendant get a dun of the defendant, and the defendant again obstructed the victim's restaurant business by force for about 15 minutes, such as: (a) the victim was able to talk with the above restaurant; and (b) the victim was able to get out of the restaurant; and (c) the defendant was able to get out of the part of the defendant's new cafeteria; and (d) the victim was able to go

2. The Defendant, from around 08:30 on March 23, 2014 to 08:45 on the same day, had interfered with the victim’s convenience store business by force over about 15 minutes, such as: (a) he/she sought to purchase a lawsuit by drinking at the G convenience store for the victim F operation of the victim E in Chungcheongnam-si in Chungcheongnam-si, Chungcheongnam-si; (b) but (c) he/she would not sell to the Defendant because the victim was under the heavy influence of alcohol; and (d) he/she would prevent another customer from entering the convenience store business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Application of Acts and subordinate statutes, such as two photographs, on-site CCTV data and photographs;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. On September 26, 2012, the Defendant had already been sentenced to eight months of imprisonment with prison labor at the Daegu District Court for the crime of interference with business on September 26, 2012, and again committed each of the following crimes even though he had been sentenced to two months of imprisonment with prison labor at the Daegu Detention House on April 4, 2013, in addition to the termination of the execution of the sentence at the Daegu Detention House on April 4, 2013.

Defendant’s crime is under the influence of alcohol.