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(영문) 광주지방법원 2017.01.19 2016고단4835
업무방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On October 11, 2016, from around 22:30 to 23:00 of the same day, the Defendant obstructed the victim’s game room operation duties by force for about 30 minutes, by making a disturbance, such as: (a) going against the victim D’s loss of money under the influence of alcohol; and (b) going against the victim’s game room operation duties by force for about 30 minutes.

2. On October 21, 2016, from around 12:50 on the same day to around 13:20 on the same day, the Defendant found her under the influence of alcohol in the instant E Gameland operated by the victim D, and the victim recommended her to return home as it interfered with his/her duties as prescribed in paragraph 1, thereby making the victim feel her, and the Defendant singing him/her her to take a bath at the large interest of “Sspawn,” thereby obstructing the victim’s operation of the game room by force for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to hours of business interference, etc.), investigation report (to hear statements from victims);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment for the crime (the selection of fines, taking into account the fact that there is no violation of duties and no criminal record exceeding fines, etc.);

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

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