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(영문) 수원지방법원 2014.06.12 2014고정1313

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

At around 20:20 on February 26, 2014, the Defendant requested the victim D (the victim Doese, 52 years of age) to drink in Suwon-si B, but the Defendant took a large amount of alcohol and refused to do so. As such, the Defendant interfered with the victim’s business by force for about 1 hour, including: (a) whether the victim’s face was pushed one time, and (b) whether the victim’s right-hand part was pushed over two occasions; and (c) whether the victim’s funeral was carried out, “Isskh, dysh, and dysh,” and “Iskh will not drink any drinking,” and (d) whether this drinking will be carried out. The Defendant interfered with the victim’s business by force for about 1 hour, including, but not limited to, the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the Defendant’s depth in committing the instant crime, and takes into account the fact that the Defendant agreed with the victim during the instant public trial. It is so decided as per Disposition on the grounds above.