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(영문) 제주지방법원 2020.12.23 2020고단2507
업무방해
Text

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

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

Reasons

Punishment of the crime

1. On September 26, 2020, the Defendant interfered with the victim’s main business by force from around 07:34 to around 07:34, such as: (a) around 07:24, the Defendant: (b) around 07:24, the victim’s “C” operated by the Victim B (the 34-year-old age), where the business was completed; (c) there was a defect in the victim’s business; and (d) the customers drink on other table, despite having been drinking the alcohol, and (d) the victim took a bath; and (e) the Defendant took a bath to the victim and the customers, and (e) the Defendant interfered with the victim’s main business affairs by force.

2. On September 26, 2020, the Defendant: (a) discovered at the above location on September 26, 2020, the Defendant obstructed the victim’s main business by force by avoiding the disturbance between approximately 13 minutes, and by force, the victim, employees, and customers, who were in the main place, to be called “to die within a certain time” at the front of the entrance of the cafeteria and the restaurant, and to prevent them from getting out of the main place.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in B;

1. Application of each on-site photograph, CCTV data capture photograph, video CD-related Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant's mistake and reflects his fault; (b) although there was a previous fine, there was no previous crime interfering with business; and (c) the defendant's age, character and conduct, environment, means and consequence of the crime; and (d) all the other factors of sentencing as shown in the records and arguments, such as the circumstances after

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