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(영문) 인천지방법원 2018.08.17 2018고정1670

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On October 02, 2017, the Defendant: (a) around 09:20 on October 02, 2017, the Defendant obstructed the business of the victimized person’s restaurant for about 20 minutes by force, by entering the Z restaurant operated by the victim Y in the Nam-gu Incheon Metropolitan City, Incheon, and taking a bath to the customers who take meals within the restaurant; and (b) avoiding disturbance.

2. On October 02, 2017, the Defendant, among four employees at the place of the foregoing paragraph (a) around October 02, 2017, insulting the victim A, who was the customer, was able to take care of the victim, such as “I ambling, young son,” and openly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. AA and Y written statements;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for 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;