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(영문) 광주지방법원 2015.04.23 2014고정2283
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 23, 2014, from around 23:25 to 23:37 the same day, the Defendant found the C main points located in Gwangju Seo-gu, Gwangju, and but the victim D (the victim aged 36, female) who is his/her business owner at the place was unable to enter the Defendant’s place where he/she was under the influence of normal alcohol, making it difficult for the Defendant to enter the Defendant’s place where he/she was under the influence of normal alcohol.

The phrase "I saw a disturbance, the next customer was fluent, and the customer was able to see theme by cutting the table table in hand with the defect that he/she intends to see and see, making the food on the table string to erode on the floor, and reducing the amount on the wall, etc., and continuing to escape from the wall, while opening the table table with him/her around the entrance of the string.

The victim's restaurant business was obstructed by the threat of 12 minutes by preventing customers from entering the same.

2. On October 9, 2014, from around 00:01 to around 00:11 on the same day, the Defendant sought again at the same place as the above paragraph 1, and obstructed the restaurant business of the said victim by force for about 10 minutes, by preventing customers, who were seated on the table table with the said victim as his/her business owner, from entering the bar table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not want the punishment of the above victim by mutual consent with the victim. However, the defendant again committed the crime of this case during the period of probation, and the overall sentencing factors such as the defendant's age, character and conduct, environment, etc. are comprehensively taken into account.

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