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(영문) 부산지방법원 2018.04.11 2018고단288

업무방해등

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

1. On December 16, 2017, the Defendant: (a) requested the victim D (the 60-year old-old-old-old-old-old-old-year-old-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-year-old-year-old-year-old-year-old-year-old-old-

Along with the statement to the purport of “hing,” the victim expressed his/her desire to read “hingly, knife and knife,” and prevented customers from entering the port by avoiding approximately 25 minutes of disturbance.

Accordingly, the defendant interfered with the victim's restaurant work by force.

2. On December 17, 2017, around 17:41, 2017, the Defendant: (a) committed a theft, citing one set of money for women, which was displayed in the point of “G clothes” for the operation of the Victim F, located in Busan coastal Zone E (hereinafter referred to as “G clothing”); (b) for women, who owned the victim, and (c) committed a theft.

3. On February 18, 2018, the Defendant: (a) around 16:30 on February 18, 2018, at the “J” restaurant operated by the Victim I (Inn, 35 years old) located in H in the Busan Blue Zone (hereinafter “J”); (b) on the part of the Defendant, the Defendant performs funeral services on the following occasions: (c) 16:30 on February 18, 2018: (d) 16:30; (c) 35 years old; and (d) 3:

K를 만나기로 했는데 내일 오란 다. 야, 어린놈의 새끼야. 씨 발.’ 이라고 욕설을 하고 고함을 치면서 탁자를 두드리는 등 소란을 부리고, 다른 손님들에게도 ‘야 이, 새끼야 뭘 꼬나 보나 ’라고 욕설을 하며 시비를 걸어, 이에 불안감을 느낀 손님들이 음식점에서 나가 버리게 하는 등, 약 1시간 동안 위력으로 피해자의 식당 영업을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D or I;

3. A statement of the F;

4. Application of each statute of photography;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) point of interference with each business: Article 314 (1) of the Criminal Act (the selection of a penalty);

(b) The point of larceny: Article 329 of the Criminal Act;

2. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Article 3 of the Criminal Act with the largest punishment and punishment) of the Act on the Aggravation of Concurrent Crimes.