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(영문) 부산지방법원 동부지원 2020.05.27 2020고정135
업무방해등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 19:00 on August 9, 2019, the Defendant obstructed the victim’s restaurant business by force by avoiding a disturbance of about 50 minutes, such as entering the restaurant and removing me New Hart from the wall, and throwing away me to the wall, on the ground that the victim was driving away from the above restaurant, in the “D” restaurant operated by the victim C (the age of 39) located in Suwon-gu, Busan, the Defendant obstructed the victim’s restaurant business by force.

2. For the reasons stated in paragraph 1 at the time and place, and on the grounds stated in paragraph 1, the Defendant stolen and stolen the victim and the Defendant’s joint property from the market value, five unfolded, three (3), a large number of Qua New Markets, one (1), one (1), and one (1) from the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a criminal investigation CD), a criminal investigation report (to attach a business registration certificate), a criminal investigation report (to hear a victim's telephone statement), and a criminal investigation report (to hear statements by a complainant);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 329 of the Criminal Act and the selection of fines for the crime;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the defendant purchased or manufactured the thief product, and the victim's agent notified in advance and obtained the consent, and there is no intention to obtain illegal enrichment.

2. The above goods are necessary for the operation of the restaurant, and they belong to the unity of the defendant and the injured party. The defendant and the injured party are specific and explicit to resolve the partnership relationship.

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