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(영문) 대구지방법원 2016.08.12 2015고정2727
업무방해
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

On October 20, 2015, the Defendant: (a) did not pay the drinking value at the E-type store operated by the Victim D (M. 56) located in Busan C on October 20, 2015; and (b) did not pay the drinking value; and (c) requested the victim to pay the drinking value.

A disturbance, such as marching a bath with a large sound, and marching a sound on the floor at that place, was difficult.

As a result, the Defendant interfered with the victim's restaurant business by force by avoiding disturbance, allowing customers to leave, etc.

Summary of Evidence

1. Each legal statement of witness D, F, G, and H in each part;

1. Application of Acts and subordinate statutes stating some of the suspect interrogation records concerning D;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. Of the facts charged in the instant case, the summary of the interference with the business that occurred around October 20, 2015, among the facts charged, is as follows: (a) the Defendant re-exploded the above-type store around October 20, 2015, and then confirmed CCTV to the victim D.

It is the fact that it interferes with the victim's restaurant business by force by avoiding disturbance, such as raising the disturbance with the large sound, allowing customers to leave, etc.

2. Determination

A. “Authority” of the crime of interference with business refers to any force that may cause suppression and confusion with a free will of a person. As such, violence, intimidation, as well as social, economic and political status and pressure based on royalty, etc. are included therein, and in reality, the victim’s free will is not required to be controlled. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it refers to the force sufficient to suppress the victim’s free will. As such, whether it constitutes force is the date and place of crime, motive, purpose, number of persons involved in the crime, form of force, type of duty, type of duty, etc.

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