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(영문) 수원지방법원 2014.02.06 2013고단121
업무방해등
Text

Defendant

A, B, and C shall be punished by a fine of KRW 3,00,000, and Defendant D shall be punished by a fine of KRW 5,000,00, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

[2013 Highest 121] Defendant C is a person who operates a contract for the performance of a duty to perform a duty at the J located in Masung, and is between the victim K (56 years of age) and the married couple, Defendant A is a simple victim K and his father, Defendant B is a person who is transferred to the society of Defendant A, and Defendant D is an employee in charge of driving duties at the J.

On May 19, 2012, the Defendants: (a) around 19:30 on May 19, 2012, at the Ncafeteria operated by the victim M (n.e., 50 years of age); (b) Defendant A, Defendant B, and Defendant C, to enter the restaurant, “the business has been completed; and (c) Defendant D sent off the restaurant and prevented customers from entering the restaurant; and (d) corrected the restaurant entrance.

As a result, the Defendants conspired to interfere with the victim M cafeteria business.

[2013 Highest 2676] Defendant D driven an O rocketing car under the influence of alcohol of about 700 meters from May 15, 2013 to May 15, 2013, at approximately 0.130 percent of alcohol content from the roads near the Seocho-gu, Suwon-si, Suwon-si, Gyeonggi-do, to the roads in front of the same Gu Puldong Puldong Chinese House.

Summary of Evidence

[2013 Highest 121]

1. Defendants’ respective legal statements

1. Report on internal investigation (ctv analysis) (2013 high group 2676);

1. Defendant D’s legal statement

1. Notification of the control of drinking driving;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, and C: Articles 314(1) and 30 of the Criminal Act (a)

(b) Defendant D: Articles 314(1) and 30 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of running sound driving and the choice of fines)

1. Defendant D from among concurrent crimes: 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 detention in a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. Defendant A and B P

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