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(영문) 대구지방법원 2017.06.09 2016고정2588

업무방해

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 6, 2016, 03:30 around 03:30, the Defendant, while drinking national trees in a D cafeteria located in the G Doldong Group C, obstructed the Defendant’s business by his act, such as marking national trees on his cell phone without any special reason, thereby obstructing the employees of the said cafeteria from the defective cafeteria.

However, at around 04:29 on the same day, the Defendant entered the said D restaurant, and continued to interfere with the restaurant business for about one hour without returning home, while receiving the victim's report by committing an act that enables male and female customers to wear a sound and take meals to the said D restaurant employees, and receiving the victim's report and dispatched from the police officers to the site for violation of the Punishment of Minor Offenses Act (e.g., disturbance of drinking, disturbance of duties), but without returning home, the Defendant continued to interfere with the restaurant business for about one hour.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each written statement of E (victim) and F (Reference Witness);

1. On-site reports (on-site photographs, etc.), photographs;

1. Details of processing reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (payment of a penalty for minor crime) and a report on investigation (payment of a penalty for minor crime) shall apply;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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