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(영문) 부산지방법원 2016.01.13 2015고정4249

업무방해

Text

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

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

Reasons

Punishment of the crime

1. On August 7, 2015, the Defendant: (a) from around 08:00 to around 09:30 minutes on August 7, 2015, the Defendant responded to the fact that the Victim C was issued a summary order of a fine of KRW 500,000 upon the victim’s report to interfere with his/her duties; and (b) at the time, he/she did not have a door to spacing to the spacing of the city; (c) at the time, he/she did so with the victim’s restaurant operated by the victim C for about one hour to 30 minutes; and (d) at the time, the Defendant interfered with the victim’s restaurant business by forcing the customer to leave his/her place to interfere with the victim’s business by force.

2. On August 8, 2015, around 08:20 around August 8, 2015, the Defendant obstructed the victim’s restaurant business by force by: (a) taking the restaurant operated by the victim C on the floor; (b) taking the beer and the beer’s disease and the beer’s disease in the cooling house; and (c) taking the bath to the customers in the restaurant on the restaurant with the large interest of “YYYYYY YYYYYYYYYYYY ACTYYYYYYYYYYYY ACTYYYYYYYYYYYYYYYYYYY ACTYYYYYY ACTYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation into the handling of a report case)

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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;