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(영문) 대구지방법원 2016.02.12 2015고정2824

업무방해

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 25, 2015, the Defendant: (a) 22:25 on October 25, 2015, 2015, expressed the victim’s bath in the E-cafeteria operated by the victim D in Daegu-gu, Daegu-gu; (b) obstructed the victim’s restaurant business for approximately 20 minutes, such as: (c) the customer F, who was in the place, was able to be able to drink and was seated; and (d) the customer F, who was seated.

2. On the same day, the Defendant had been voluntarily accompanied to the said village and returned to the Republic of Korea due to the foregoing paragraph 1, and had interfered with the victim’s restaurant business for about 10 minutes on the ground that the victim reported to be the said restaurant.

3. From October 31, 2015 to October 23:10, 2015, the Defendant expressed two times in the above restaurant, stating that “The victim does not sell alcoholic beverages, she would be able to do so without drinking alcohol.” On the ground that the victim’s latter part of the victim who had been on the part of the bed shall be able to do so, thereby interfering with the victim’s restaurant business.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes to the 112 Report processing statement;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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;