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(영문) 인천지방법원 2016.02.15 2015고단5626
업무방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On June 10, 2015, around 22:45, the Defendant obstructed the business of the said restaurant by exercising influence on approximately 45 minutes of alcoholic beverages, such as 45 minutes of alcoholic beverages, such as:45 minutes of alcoholic beverages, which had been carried out by the victim E (n, 54 years of age) located in the Nam-gu Incheon Metropolitan City, in a drinking-water restaurant, and where the victim took a bath to the victim, and collected drinking bottles, glass cups, etc. on the table, and thereby interfered with the business of the said restaurant.

B. The Defendant damaged property by destroying property by putting the fright at the date, time, and place referred to in the above “A” and destroying the fright at the market price of 94,000 won and the fright at the market price of 30,000 won.

2. Defendant B

A. On June 10, 2015, at around 23:30 on June 10, 2015, when Defendant A, who works in the same place as the above “A”, was drunk, the injured Defendant her attempted to use a mobile phone in order for the victim E to file a report, and her driver’s shoulder part of the victim’s shoulder with his/her hand floor, resulting in injury to the victim, such as dump dump, tensions, tensions, etc., requiring treatment for a period of 14 days.

B. The time and place of the “A” as mentioned above, and the damaged party’s Samsung Tallon jumal jumal jumal was damaged by destroying and damaging the property equivalent to KRW 390,000 by cutting off the cell phone of the damaged party, and thereby impairing its utility.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each police statement protocol with respect to E and G;

1. A copy of the business report certificate, an injury diagnosis certificate, and a written estimate;

1. Application of each statute on photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 314(1) (a) of the Criminal Act and Article 366 of the Criminal Act (a)

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury) and Article 366 of the Criminal Act (the point of damage)

1. Defendants who choose punishment: Each selective fine

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334 of the Criminal Procedure Act.

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