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(영문) 수원지방법원 안산지원 2019.10.18 2019고정487

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 February 8, 2019, from around 11:30 to 14:30 of the same day, the Defendant obstructed the Defendant’s business, at the “D” restaurant operated by the victim C in Ansan-si, Ansan-si, the air conditioners, and the victim who was contacted by his employees outside of the air conditioners and arrived at upon the Defendant’s contact with the Defendant, who was locked in the customer table table, was faced with the Defendant’s disturbance, such as: (a) it was difficult for the Defendant to resist the Defendant, who was locked in the customer table.

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

2. On February 8, 2019, the Defendant: (a) was investigated by the police on the same day as the foregoing paragraph (1); and (b) on February 8, 2019, around 19:10, the Defendant sent the victim C to the above “D” restaurant, and (c) got the entrance door of the restaurant, thereby getting the knick of the entrance of the restaurant by hand and falling off several times.

Accordingly, the defendant damaged the entrance fee loss owned by the victim to the extent that the repair cost can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. A written statement of C and E;

1. An investigation report (on-site verification), an investigation report (related to a statement of a sloping person), an investigation report, an investigation report (related to a victim C's counter-investigation: Mobile phone contact), and a criminal investigation report (2 reports);

1. Notification of departments related to the report of 112 cases and the report of 112 reported cases;

1. Application of Acts and subordinate statutes to the records of on-site photographs, records of the case-related photographs (after repairing photographs of damaged objects), and records of the case-related photographs (on-site photographs of police officers);

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act and Article 366 of the Criminal Act, the choice of fines for the 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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.