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(영문) 인천지방법원 2017.03.30 2016고단8914
업무방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2016 Highest 8914]

1. On November 24, 2016, the Defendant: (a) around 23:25 on November 24, 2016, the Defendant: (b) D main points of the operation of the Victim C (FF) located in Nam-gu Incheon Metropolitan City (SY 55 years old); (c) the Defendant was unable to avoid disturbance for about one hour for approximately one hour, including: (d) the Defendant’s “at home,” the Defendant saws the victim “at home, hinging for the same year”; and (d) the customers who enter the hinging, hinginginging, and going back; and (e) the Defendant was demanded by the injured party to retire from the hing and going home; and (e) the Defendant was able to continue to sit in the hing

Accordingly, the defendant interfered with the operation of the victim's main points by force.

[2017 High Court Decision 126]

2. On October 16, 2016, at around 19:00 on October 16, 2016, the Defendant obstructed the victim’s singing room business by force for about 5 hours, such as raising time fees, without complying with the victim’s request for returning home, after drinking 3 bottles provided by the victim C as a service at the victim C, and returning to the guest room. The Defendant interfered with the victim’s singing room business by force without responding to the victim’s request for returning home over several occasions.

3. Around October 17, 2016, the Defendant’s insultd the victim’s statement related to the instant case, which is the police official belonging to the Incheon Southern Police Station E District Police Station, sent out after receiving a report from C on October 17, 2016 at the said place, and hearing the victim’s personal information at the victim’s hearing by C, etc.

“The victim openly insultings the victim by openly obsing this dog in a large sense.”

Summary of Evidence

[Judgment No. 1- 2016 Highest 8914]

1. Statement by the defendant in court;

1. C’s statement;

1. A investigation report (CCTV image picture) / (the facts set forth in Decision 2 and 3 (the fact set forth in Decision 2017, 126));

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 314(1) of the Criminal Act (the point of interference with business, November 24, 2016, and interference with business on October 16, 201, shall be punished by imprisonment with prison labor, and by a fine for interference with business on October 16, 2016, respectively.

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