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(영문) 부산지방법원 2018.04.10 2017고단2856
업무방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On May 11, 2017, from around 00:10 to around 01:30, the Defendant obstructed the victim’s coffee shop business for about one hour and 20 minutes by taking advantage of the fact that, as a matter of the drinking calculation that was ordered to work within the “E shop” of the victim D’s operation in Jung-gu, Busan, the Defendant: (a) brought an objection to the employee; (b) while doing so, he took a heavy bath to the employee.

2. The Defendant damaged another’s property by having a monitor handle cash receipts and disbursements, which are the victim’s possession on the Kabter, at the same time and at the same place as paragraph 1, with a total of 4,361,50 won of the market price, on the ground that the Defendant was in charge of the monitoring.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A written statement;

1. Application of the written estimate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A number of times of violence crimes, etc.; the defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of two years on November 10, 2016 by the Busan District Court for a violation of the Occupational Stabilization Act and for fraud on the grounds that he/she was sentenced to a suspended sentence of two years on November 10, 2016: it is contrary to the circumstances that the defendant agreed with the victim; the other conditions of sentencing, such as the defendant's age, sex, environment, motive, means,

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