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(영문) 의정부지방법원 2017.11.07 2017고단1879
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 29, 2017, from around 23:00 to the next day from around 00:45 of the following day, the Defendant interfered with the Defendant’s business operation of the victim’s singing room by force by avoiding the disturbance of customers entering the singing points by avoiding the disturbance, such as talking the beer of the cooling machine in the manner of the arm’s length, sounding the sound, and gathering the suspension from the singing points, at the “Esing shop,” operated by the victim D, who is the former wife of the victim D, who was divorced in the first floor of the C underground of the city of his own government.

2. The Defendant, who did not comply with the request to leave the victim at the same time and at the same place as Paragraph 1, but did not comply with the request, and the Defendant, upon the victim’s report, did so until the police officer dispatched to the scene arrives, did so and did not comply with the request to leave the victim without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes of the 112 Reporting and Disposal Table, such as beer, cigarette butts, and other on-site photo materials, water shotout photographs;

1. Article 314(1) of the Criminal Act (the point of interference with business), Article 319(2) of the Criminal Act (the point of refusing to withdraw) and the selection of each fine 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. The sentencing of Article 334(1) of the Criminal Procedure Act is eight times before and after violence, one time before and after suspension of execution, one time before and after suspension of execution, and the denial of part of the instant crime. However, the victim does not want the punishment against the defendant, part of the crime recognized, the victim is against himself/herself, even though he/she has suffered from violence, even though he/she does not have any criminal record of business interference, the punishment shall be determined by comprehensively taking into account the following facts: (a) the victim does not want the punishment against the defendant; (b) the victim

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