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(영문) 수원지방법원 2015.02.05 2014고정2284

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2014 high-speed 2284] On May 17, 2013, the Defendant demanded the victim to drink at the D restaurant operated by the victim C in Suwon-si, Suwon-si, on the ground that he had already been under the influence of alcohol, and thus, the Defendant rejected the request, thereby obstructing the victim’s restaurant business by force for about 40 minutes, such as allowing the police officer, who was dispatched after receiving a report, to have the Defendant take the restaurant outside of the restaurant, sent the restaurant to the outside of the restaurant, and talking the Defendant to the outside of the restaurant, and she again lets the customers who enter the restaurant, thereby interfering with the victim’s restaurant business by allowing them to enter the restaurant, thereby obstructing the victim’s restaurant business.

[2014 high-level 2285] On April 6, 2013, the Defendant told the victim G, a business owner in Suwon-si, to the effect that “it is about to kill about 50 persons who are at the time of inland invasion,” and the victim said that “it is about to make a fright and to make a fright so that there is no fright and inventory,” thereby, the Defendant interfered with the legitimate duties of the victim, such as breaking up the inventory from Suwon-si, fre, sound, and breaking up about 15 minutes.”

Summary of Evidence

1. Each police statement concerning C and G;

1. Application of Acts and subordinate statutes governing business reporting certificates;

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 (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;