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(영문) 의정부지방법원 2015.05.11 2015고정751

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who has served as a customer in a restaurant B, and the victim C (the victim C) is a head of the office who manages the cafeteria B.

A. Around 18:00 on December 2, 2014, the Defendant obstructed the operation of the victim’s restaurant by force for about one hour and 30 minutes, including: (a) the Defendant, without any reason, went through the outline of “sprink, opening, sprinking, and sprinking” to customers and cafeteria employees; and (b) the Defendant, without any reason, tried to take the place in the restaurant, and threatened the customers and cafeterias with the gathering of the house, such as alcohol, etc.; and (c) the Defendant, by force, interfered with the operation of the victim’s restaurant by force for about one hour and 30 minutes.

B. During the process of the above paragraph 1, the Defendant: (a) the victim met himself; and (b) the victim was aware of the inside part of the victim by drinking.

Summary of Evidence

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) that stipulate the applicable provision on criminal facts, the choice of punishment (the point of interference with business, 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 (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;