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(영문) 창원지방법원 2015.04.14 2014고정772

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 1, 2013, the Defendant: (a) around 09:25, the damage of property and interference with the business of the Defendant: (b) around 1, 2013, while drinking alcohol, such as daily drinking in the D cafeteria operated by the Victim C (L, 65 years of age) in the G cafeteria, the Defendant obstructed the restaurant business for about 10 minutes by force, by putting in the floor the sofet on the floor the sofet to the customers who are on other tables and smoking tobacco while drinking tobacco in the D cafeteria.

2. On January 1, 2013, at around 14:45, the Defendant interfered with the business of the Defendant: (a) took a bath, such as an “spawn”, and took a bath to prevent smoking at the same place; (b) interfered with the restaurant business for about 10 minutes by force.

Summary of Evidence

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

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 314 (1) of the Criminal Act (a point of interference with business), Article 366 (1) of the Criminal Act ( point of interference with business), and selection of fines for each crime;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the Defendant, around 09:25, around January 1, 2013, 2013, committed assault by the Defendant, on the ground that the Defendant, while drinking alcohol, such as drinking in the D cafeteria operated by the Victim C (Inn, 65 years of age) within the G cafeteria operated by the Kimhae-si, he saw the passengers with a different string, who wn the cigarette to smoke in a cafeteria, the victim wn the cigarette on the floor and wnd the cigarette “ma in a cafeteria.”

2. Assault as referred to in Article 260 of the Criminal Act means the exercise of force against a person’s body.

Supreme Court Decision 200