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(영문) 수원지방법원 성남지원 2016.04.15 2015고정1414

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 13, 2015, from around 23:00 to around 00:40 the following day, the Defendant interfered with the Defendant’s duty, upon receiving a demand from the injured party, to “a fluorly change” to “a fluorly change” in the “E restaurant of the victim D’s D 1st floor in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, by drinking in the “E restaurant,” and thereby interfered with the Defendant’s duty of gathering fluor by force, i.e., “a fluor of bitch bitch chch, fluor of chch chch flue, flus, fluor, and so on”.

2. The Defendant, at the time and place indicated in paragraph 1, insultd the victim by openly speaking to the victim in a large amount as set forth in paragraph 1, on the part of six customers with six customers who cannot be identified, including F, a staff member of the fin’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of the F;

1. Application of Acts and subordinate statutes to report on investigation ( analysis of images of personal phones);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of fines) concerning facts constituting an offense, and Article 311 of the Criminal Act (the point of insult and the selection of fines);

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is equally taken into account such factors as the confession of the accused, the record of the crime, the background of the case, and the degree of interference with business.