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(영문) 부산지방법원 2016.11.24 2016고정3148

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to one year and two months from the Busan District Court to a crime of interference with business and obscenity, and the judgment became final and conclusive on March 31, 2016.

At around 03:10 on August 13, 2015, the Defendant: (a) expressed the victim’s desire to drink on the street before the victim C, which was operated by the Seo-gu Busan, Busan, for the reason that he did not sell alcohol, and (b) obstructed the victim’s normal coffee business by putting about 2 hours off the entrance and continuously blocking the drinking and satisfaction with the drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Criminal records, previous records, results of confirmation, and application of Acts and subordinate statutes of each judgment;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the amount of fine determined by the summary order shall be reduced by taking into account the equality, etc. between obstruction of business affairs and the crime of obscenity in a final judgment and the judgment

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;