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(영문) 대구지방법원 2015.06.26 2015고정610

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Daegu District Court (Seoul District Court), and the judgment became final and conclusive on November 8, 2014.

At around 02:00 on July 25, 2014, the Defendant, at around 02:0, expressed an employee’s desire at a large level without any justifiable reason under the influence of alcohol at the “D’s main point of the Victim C’s Operation in Busan City, and had five employees, E, etc. who were asked by the victim about the reasons, and two customers listen to the victim, the Defendant saw the victim to have a large voice for about 30 minutes, such as “Cunch fri, arba, arba, arba, which is not a part of funeral services,” and “hicker, arba which is not a part of funeral services.”

Accordingly, the defendant insultingd the victim and interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previouss before and after judgments: Criminal records, references to criminal records, references to case, and application of statutes ( Daegu District Court Decision 2014No4423) shall apply;

1. Relevant Article 311 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;