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(영문) 부산지방법원 서부지원 2019.06.13 2018고정1046

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant came to know of the victim C (M, 59 years old)'s singing room located in Busan Island B as a customer.

1. Around 01:00 on May 16, 2018, the Defendant: (a) ordered an additional alcoholic beverage within the instant singing room located in Busan Shodong, but, on the ground that the victim does not bring alcohol, the Defendant interfered with the Defendant’s business, saying, “the bitch bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch at the instant place; and (b) obstructed the Defendant’s musical business by cutting off the beer and the beer bit on the floor on the floor.

2. Intimidation;

A. At around 02:00 on May 8, 2018, the Defendant expressed the victim’s attitude that “the victim would not be able to carry out funeral services” to the victim on the ground that “the victim would not be able to die. I will die. I will die. I will die. I will do so.”

B. Around 02:00 on May 12, 2018, the Defendant expressed the victim’s attitude that “the victim would not be able to carry out funeral services” to the victim on the ground that he was not able to kill and drink the Defendant in front of the first floor of the F apartment G G G G of the 1st floor, Seo-gu, Busan.” In that sense, the Defendant threatened the victim with any harm to the body and property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of site photographs interfering with business);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of fines) concerning the crime, and Article 283 (1) of the Criminal Act (the point of intimidation and the selection of fines

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;