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(영문) 청주지방법원 2015.04.23 2015고단38
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

피고인들은 함께 2014. 5. 8. 19:40경부터 같은 날 20:30경까지 청주시 상당구 C에 있는 피해자 D 운영의 ‘E횟집’에서 술을 마시며 서로 욕설을 하고 큰소리로 떠들던 중, 옆 테이블에서 식사를 하던 손님 F로부터 조용히 해달라는 이야기를 듣자 피고인 A은 “뭘 자꾸 조용히 해 달라고 해”라고 소리치며 손바닥으로 F의 뺨을 때리고 F의 가슴 부위를 밀쳐 넘어뜨린 다음 이를 제지하는 F의 아버지 G을 밀치는 등 행패를 부렸다.

Accordingly, Defendant B was able to avoid any disturbance, such as threatening Defendant A’s face face at least twice with a sound, threatening Defendant A’s face, provokinging time, and taking a bath, with the floor of hand.

As a result, the Defendants conspired to interfere with the victim's restaurant business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol against the Defendants and H

1. Each police statement made to D, I, and J;

1. CCTV photographs and explanation, and the application of Acts and subordinate statutes governing the E frequency of the case;

1. The Defendants: Article 314 (1) of the Criminal Act and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) Defendant A was sentenced to six months of imprisonment on October 28, 2009 on the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) had been punished for several violent crimes on several occasions; (c) Defendant B, who was affiliated with a criminal organization on November 18, 2013, was sentenced to a suspended sentence of one year, and was in force for a suspended sentence of two years, without being aware of the fact that he committed the instant crime; (d) Defendant B committed the instant crime without being aware of the fact that he committed the instant crime; and (e) falls under the case of a third party who is not the victim of the exercise of power; and (e) Defendant B agreed with the victim.

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