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(영문) 수원지방법원 안산지원 2015.12.16 2015고정1546
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On August 14, 2015, the Defendants co-principald with Defendants B and C completed meals at the E restaurant located in the Ydong-gu, Seosan-si, Ansan-si on August 14, 2015, and thereafter, they became aware of the loss of the monthly standard plastic bags possessed by the Defendant C and found it again in the above restaurant.

At around 21:30 on the same day, the Defendants changed from the above restaurant to the victim F (n, 41 years of age) who is an employee of the above restaurant. However, on the grounds that the victim’s mobile phone access was not smooth and confirmed, the Defendants got 15 minutes of the disturbance, i.e., “in the bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

Accordingly, the Defendants jointly interfered with the victim's restaurant business by force.

Summary of Evidence

1. Legal statement of witness F;

1. Each police interrogation protocol against the accused B and C;

1. The police statement concerning F;

1. Application of the relevant Acts and subordinate statutes to related photographs ( inside the CCTV or restaurant);

1. Article 314 (1) and Article 310 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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