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(영문) 부산지방법원 동부지원 2017.08.24 2017고단1413
업무방해
Text

Defendant

A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are pro-Japanese members of the integrated captain strike, which is the Busan regional violence group.

On January 13, 2017, around 05:30, the Defendants were able to use violence to each other while drunkly drinking in the “E” restaurant located in the Busan metropolitan area D(40 tax). At around 05:30 on January 13, 2017, the Defendants got off the restaurant and wraped with other customers. In the process, the Defendants got out of the restaurant by avoiding the disturbance of about 10 minutes, such as being boomed in the instant restaurant and being wraped.

The Defendants, by force, interfered with the victim’s restaurant business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a report on internal investigation (in cases of attaching photographs of “E”) and a report on investigation (in cases of attaching E CCTV images)

1. Article 314(1) and Article 310 of the Criminal Act, and the selection of fines for the crime;

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

1. For the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the instant crime was committed on the ground of the sentencing of Article 334(1) of the said Criminal Procedure Act, inasmuch as it interferes with the business of the restaurant by smoking a disturbance by using violence on the new wall, such as taking in the cafeterias and cups at the cafeteria, and thus, the nature of the crime is not good, and the Defendants can have criminal records of violence. In particular, Defendant A was sentenced to six years of imprisonment by murder, etc. at the Busan District Court on January 11, 201, and Defendant A committed the instant crime during the period of repeated crime after completing the execution of the said punishment on June 21, 2016 at the Daejeon District Court.

However, the Defendants are not aware of the facts charged, and the Defendants appear to have committed the instant crime under the influence of alcohol, and not only did they use violence against other customers or employees, but also did not have a conclusive intent to interfere with business, and the Defendants agreed with the victim.

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