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(영문) 제주지방법원 2021.02.04 2020고정482
업무방해
Text

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

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

Reasons

Punishment of the crime

On March 1, 2020, the Defendant: (a) at the Japanese-style store of “D” operated by the victim C in Jeju-si, Jeju-si, around 00, the Defendant 2020, caused a disturbance by misunderstanding that its trade name “E” means “E” that means the old Japan’s Yancheon; and (b) failing to place an order, the Defendant was able to avoid disturbance, such as interfering with the meals of other customers, by raising her text, even if she did not place an order.

Accordingly, the defendant interfered with the victim's main operation by force for about 35 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to report generation (Interference with business affairs), investigative reports (Attachment to related images, etc.), closure photographs, investigation reports (Submission of recording files by victims and recording records);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order (the punishment shall be determined by reducing the fine (three million won) on the summary order in consideration of the fact that the defendant has agreed with the victim after the issuance of the summary order);

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