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(영문) 대구지방법원 2014.01.17 2013고단6385

업무방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 02:00 on November 1, 2013, the Defendant: (a) 1, 2013, the Victim C in the Daegu Northern-gu B, expressed his desire to drink mixed alcoholic beverage on the mix of the other tableb customer, and (b) let customers go to the restaurant; and (c) said, the Defendant interfered with the victim’s restaurant business by force by getting the said restaurant employee, such as “the macker kacker kacker kicker kicker kicker kicker kicker knicker knicker knicker knicker knicker knicker, and talking knicker knicker knick.”

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that, even though the defendant had a lot of criminal records for the same kind of crime, he/she is not subject to the suspension of execution, and he/she is under the influence of a serious criminal punishment.

However, the defendant lives and lives with three children, and efforts are made in good faith, and probation according to the previous suspended sentence is relatively well-grounded, so that the defendant is given an opportunity to lead a compliance life once only once.