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(영문) 전주지방법원 군산지원 2018.05.11 2018고단175
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 9, 2018, the Defendant obstructed the victim’s restaurant business by force for about 40 minutes, such as 01:10 on February 9, 2018, the Defendant: (a) d general restaurant operated by the victim C in the Gunsan City B, provided employees and non-standing customers with meals at the restaurant without any justifiable reason, and (b) harming customers who wish to enter the restaurant by exposing water purifiers in the restaurant and breaking them into the restaurant; (c) preventing them from entering the restaurant, and preventing customers from receiving the food value from receiving food value.

2. While under the influence of alcohol at the dates, dates, and places set forth in paragraph (1), the Defendant destroyed 22 fraud 22 rooms, which are the victim’s possession of an amount equivalent to 115,000 won in the market price, by breaking up the floor, and breaking up a copy of glass windows equivalent to 280,000 won in the market price, which are the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. Application of investigative reports (related statutes, such as confirmation of the fact of damage);

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and 50 of the Commercial Concurrent Crimes Act was committed as a means of obstructing business operations, so both crimes are not substantive competition but in the commercial concurrent relationship

[3]

1. Selection of an alternative fine (such as the reflection of errors and agreements with victims, etc.);

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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