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(영문) 인천지방법원 2018.03.30 2017고정3060
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a customer of the D cafeteria operated by the victim C (36 kn, inn).

The Defendant, around 00:50 on December 2, 2017, at the D restaurant located in Seo-gu Incheon, Seo-gu, Incheon, called “the victim became a member of its business hours” and called “the victim’s body or arms”. The Defendant, “a bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

“The victim’s restaurant operation work was obstructed by force for about 20 minutes by putting the hing of the hingr and large sound, thereby obstructing the victim’s restaurant operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. In an investigation report (the telephone investigation) (the defendant's assertion that there was no intention to interfere with the business is acceptable, since the defendant had a foreign guest at the time of taking a bath as shown in the facts charged so it is deemed that the victim had difficulty in responding to the customer, and the work of arranging the customer after completing the business is an incidental business closely indivisible with the business act, which is the original business, and therefore, is subject to protection of the crime of interference with the business.)

Application of Statutes

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

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