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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2596
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 16, 2015, the Defendant drinks alcohol at the bar bar in the trade name of “E” operated by the victim D with the victim D with the first floor of Gyeyang-gu C underground in Gyeyang-gu, Seoyang-gu, Seoul at the time of high altitude around 23:00, and then “the price is too high.”

In this sense, whether funeral service will be a guest or not.

In the form of a signboard, the signboard is changed, and it was difficult to avoid disturbance between 40 minutes, such as moving the beam on the floor and moving the beam on the floor.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Video-recording CDs of E dans;

1. CCTV photographs of the E dan (the defendant and his defense counsel merely did the defendant's act at a reasonable port, and did not reach the degree of "power" stipulated by the method of crime committed by obstruction of business affairs;

However, according to the evidence duly adopted by this court, the defendant is forced to receive additional costs for singing in addition to the drinking value, and the defendant said that "the defendant should not do so." The defendant said that "the defendant should not do so" a large volume of several hundreds. The defendant is a member of the rules that the injured person should do work, and the defendant got out of the main place after the vaga, and it is recognized that the defendant went out of the main place after the vaga and followed again, and accordingly, the defendant's behavior as stated in the judgment of the court below constitutes "power of force" of interference with business.

1. Article 314 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning facts constituting an offense (to be taken into account, such as the fact that the degree of interference with business is not deemed to be serious, and the victim is not punished against the defendant);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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