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(영문) 수원지방법원 2014.02.07 2013고정2351

업무방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. [2013 High 2351] Around 21:00 on April 11, 2012, the Defendant found the Defendant as a customer at the river D restaurant located in Suwon-si, which was operated by the Victim B, and took a large amount of drinking by the victim after drinking the alcoholic beverages. However, on the side of the defect, the Defendant: (a) took his/her own room on his/her own to customers under the name-unclaimed that he/she carried out drinking in the dynasium; and (b) took such a bath as he/she takes a bath on the floor; and (c) interfered with the victim’s restaurant business for a weak time, such as having an unspecified number of customers collected on the floor of the dynasium operated by the Victim B; and (d) having the said restaurant run in the said restaurant.

2. [2013고정2352] 피고인은 2012. 5. 30. 20:30경 수원시 권선구 E에 있는 F 편의점에 들어가 맥주와 아이스크림을 사가지고 나오는 과정에서 카운터를 보고 있던 피해자 G을 향해 아무런 이유 없이 아이스크림과 거스름돈을 집어 던지며 “이런 싸가지 없는 놈! 그래 계속해보자!”라는 등으로 욕설을 하고 고함을 지르는 등 약 1시간 30분 동안 위력으로 피해자의 업무를 방해하였다.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Application of the police protocol law to B and G

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

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

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;