beta
(영문) 부산지방법원 2014.05.22 2014고정588

업무방해등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Interference with business;

A. On September 24, 2013, around 14:00 to 15:00, the Defendant interfered with the Defendant’s business by force, such as threatening the victim E, who is a shop where the Defendant was aware of the fact that the Defendant was unable to enter a Chinese restaurant “D” by the entrance of the 1st floor of the 1st floor of the Da-dong, Busan Metropolitan City, B, and the 1st floor of the 1st floor located in the Dong-gu, Busan, and threatening the victim E, who was a shop where the Defendant was aware of the fact.

B. At around 19:40 to 20:50 on the same day, the Defendant: (a) expressed the victim’s desire at the same place, for the same reason, to “clocks, in the money,” and obstructed the Defendant’s business by force by force, such as making the customer, who was eating in a restaurant by unsatising a fright, such as cutting the drinking bottle on the floor.”

2. Damage to property;

A. The Defendant, as described in paragraph 1(a), destroyed one electronic calculator in the city managed by the victim and two cremation cases with walls, thereby impairing its utility.

B. The Defendant, as described in paragraph 1(b), destroyed three balls in the market price managed by the victim, two livers, two livers, and two cocks, thereby impairing their utility.

3. The Defendant: (a) cut 201,00 won in cash, which had been in the state of receipt and disbursement of money, at the time and place specified in paragraph (1) of Article 1; and (b) stolen the said money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning investigation reports (cashs stolen by a suspect);

1. Relevant Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 366 of the Criminal Act; Article 329 of the Criminal Act; Article 329 of the Criminal Act; Selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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