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(영문) 춘천지방법원 강릉지원 2017.02.09 2016고단1551
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 30, 2016, the Defendant spit the drinking value in advance on the E main points operated by the victim D in Gangnam-si, Gangnam-si, and 10 bottled drinking by ordering beer. On the same day, the Defendant: (a) spit the victim’s drinking disease in around 22:00 on the ground that the victim refused it; (b) spit the victim’s drinking on the floor; (c) f, who is an employee of the said main point, takes the bath to “YY, LISIS,” and (d) f, who f, puts drinking on the chest part of the said F, walking the above main door several times; and (d) f, from around that time to October 31, 2016, the Defendant went to another customer’s drinking point for three hours from the following day to October 31, 2016.

Accordingly, the defendant interfered with the victim's main role operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of statutes on field photographs;

1. Relevant Article 314 of the Criminal Act and Article 314 of the Criminal Act regarding the crime and the selection of a fine for the option of a punishment (Consideration of a fine during the period of a repeated crime, such as the degree of interference with business and the agreement with the victim);

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 concerning the order of provisional payment;

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