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(영문) 수원지방법원 안산지원 2016.04.26 2016고정304
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From 23:10 on December 3, 2015 to 23:30 on the same day, the Defendant interfered with the victim’s carpet service by force by forcing customers to leave the place where they want to take a walk by gathering the glass cup on the table table and cutting off it on the line, and harming the victim’s carpet service by force on the ground that they are the employees of the victim D (46), who are the employees of the said place, under the influence of alcohol in C carpet within the “C carpet” located in C carpet in C carpet in Sinh City B.

Accordingly, the Defendant exercised approximately 20 minutes of power and interfered with the victim's carpet business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of CCTV photographs and accompanying CDs (Evidence No. 10)-related Acts and subordinate statutes;

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

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;

1. As to the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, the Defendant denied part of the facts charged in the instant case that there was no fact that the Defendant, at the time, landed the glass World Cup on a rail, duplicating, duplicating, duplicating, or made intimidation to the victim.

However, in full view of the aforementioned evidence and the following circumstances, it is sufficient to find the Defendant guilty of all the facts charged in the instant case.

The victim made a concrete statement in the investigative agency about the damage.

CCTV images recorded at the time also conform to all the facts charged in this case.

Even if the victim took the defendant into the toilet as alleged by the defendant, it is obvious that the principal intention of the victim is to leave the victim from the above main point.

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