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(영문) 부산지방법원 2018.05.02 2018고단1132

업무방해

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On February 25, 2018, the Defendants: (a) around 20:50 on February 25, 2018, at the E-cafeteria operated by the victim D in Busan Young-do C, the Defendants are prohibited from entering the restaurant by under the influence of alcohol; and (b) there is a difference between the Defendants and the victims.

Defendant B kept up with a large sound, and Defendant B prevented customers from entering the restaurant by avoiding a disturbance for about 40 minutes, such as setting up a sign on the floor of a sign on the table, and allowing them to enter the restaurant.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant Article 314 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, each of them, Article 314 (1) of the Criminal Act, and the selection

1. Attraction of a workhouse, Articles 70 (1) and 69 (2) of the Criminal Act;

1. Each order of provisional payment, Article 334 (1) of the Criminal Procedure Act;