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(영문) 대구지방법원 서부지원 2014.02.14 2013고정1254

업무방해등

Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 9, 2013, from around 20:40 to 21:07 of the same day, the Defendant obstructed the victim’s business operation by force for about 27 minutes, such as, under the influence of alcohol, the victim C’s “Dus” operated by the Daegu Seo-gu Month B, and the Defendant obstructed the victim’s business operation by force for about 27 minutes, including, but not limited to, the victim C, who was under the influence of alcohol.

2. The Defendant caused property damage, as described in paragraph (1), that he frighted in the “Dovas” and the victim C did not bring a lawsuit against the victim, and destroyed the glass window equivalent to 35,000 won at the market price, where he was a frighter of the stairs that the victim managed.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 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;