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(영문) 부산지방법원 2013.07.01 2013고정2392
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor in Busan District Court on August 2, 2013, and the judgment became final and conclusive on April 20, 2013.

From September 14, 2012 to 15:40 on September 14, 2012, the Defendant, within the “D” restaurant operated by the victim C (V, 53 years of age) located in the Geum-gu Busan Metropolitan City, the Defendant: (a) expressed the victim’s desire to talk to the next customer in the form of alcohol; and (b) expressed the victim’s desire to talk to the next customer in the form of drinking so as to keep the customer from entering the restaurant, thereby obstructing the business of the said restaurant for about one hour by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions in judgment: Application of case search and copy of judgment;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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