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(영문) 수원지방법원 2019.05.10 2018고정1794

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 18, 2018, from around 22:30 to 22:50 on the same day, the Defendant: (a) ordered food at Suwon-si B building; and (b) D’D’ restaurant operated by the victim C on the first floor; and (c) attempted to leave without calculating it.

Therefore, the victim is asked as " how she will go off?" The defendant re-enters the place of business and re-enters the defendant into the place of business, such as "I am feas, I am feas, I am feas, I am feas, I am feas, I am feas," and "feas, bitch feas," etc.

In addition, even though police officers called to the site and take measures for returning home, they interfered with the victim's restaurant business for about 20 minutes by making customers who were in the business place to avoid disturbance such as photographing them as mobile phones.

2. Around August 18, 2018, the Defendant, at around 22:30 on August 18, 2018, assaulted the victim C (year 49) at the place as indicated in the foregoing paragraph 1, to take a bath and kid in the business place as described in the foregoing paragraph 1, and when the victim C (year 49) demanded the victim to leave the business place, assaulted the victim’s right face at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A protocol concerning the police interrogation of the accused;

1. The victim's photograph of the victim's assault victim [the statement of the victim and witness concerning the obstruction of duties and the act of assaulting the defendant's criminal facts according to each evidence in the board shall be replaced by one another, specific and consistent, and credibility exists. On the other hand, the defendant's defense, which the victim moved into the defendant's batch bat, first of all, is hard to believe because there is no evidence supporting this and there is no evidence contrary to witness E's statement.]

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the selection of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;