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(영문) 창원지방법원 마산지원 2016.07.06 2016고정148
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,300,000.

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

Reasons

Punishment of the crime

[2016 High 148] On November 27, 2014, the Defendant: (a) demanded the victim C to provide alcohol at the D restaurant operated by the victim C in Changwon-si, Changwon-si B on November 27, 2014; (b) however, the Defendant requested the Defendant to provide alcohol; (c) did not directly perform alcohol while drinking alcohol, talking the restaurant customers, talking them, anding them with the desire to enter the restaurant, and failing to enter the restaurant.

After that, the defendant returned home by the police officer who was dispatched to the report of the injured person, but on the same day at around 14:20 of the same day, the defendant found the above restaurant and took a bath for the examination.

The Defendant interfered with the victim’s restaurant business by force as above.

[2016 High 149] On April 4, 2015, the Defendant destroyed the door door door (60cm in width, 120cm in length) 1.50,00 won per market price on the following grounds: (a) around 22:30 of the G main points operated by the Victim F in Changwon-si, Changwon-si E, on April 4, 2015: (b) on the ground that the Defendant was under the influence of alcohol and obstructed the door door to prevent the Defendant from entering the main place; (c) the Defendant was under the influence of alcohol; and (d) the Defendant destroyed the door door door door by the Defendant’s door door to the Defendant.

Summary of Evidence

[2016 Gohap 148]

1. Statement protocol prepared by the police against C;

1. Investigation report (the 112 Reporting List and the list of claims for adjudication) and the list of reported cases of 112 attached to the 112 Report attached thereto (2016 High Court Decision 149 Dated 149);

1. Statement statement made to the F prepared by the police;

1. Application of Acts and subordinate statutes to each investigation report (as regards the attachment of field photographs and estimates of acceptance);

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

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