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(영문) 부산지방법원 2018.02.22 2017고단3126

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 22, 2017, at around 18:20, the Defendant: (a) received a demand from the injured party D to smoke at the entrance of the restaurant at the time of the victim D’s “E” restaurant operated by the Busan East-gu; (b) on the part of the injured party, the Defendant entered the said restaurant, where several customers were in the middle of meals, and obstructed the victim’s restaurant business by force, such as having the customers, who were in meals, feel bad, feel bad, and have the victim feel uneasiness, by creating a bad atmosphere.

2. On February 23, 2017, at around 12:50, the Defendant obstructed the victim’s restaurant business by force, such as having customers, who had meals at the same place as indicated in paragraph (1), feel uneasy, by entering the above restaurant, where several customers were in the same place as indicated in paragraph (1), and having them inside the said restaurant, “I will report at the time,” etc., and creating a bad drinking atmosphere, thereby allowing them to feel uneasy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of Acts and subordinate statutes to a investigative report (CCTV analysis and caps);

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

2. Selection of an alternative fine (the person who committed the instant crime during the period of suspension of execution shall be punished by a fine in consideration of the extenuating circumstances, the degree of interference with business and the degree of damage not much serious, and some of the circumstances to be considered in the course of the instant crime

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

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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