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(영문) 인천지방법원 2019.09.20 2019고단4367
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 18, 2019, from around 16:30 to 16:50 the same day, the Defendant obstructed the operation of the restaurant by force for about 20 minutes, such as by taking out the small-scale illness stored in the restaurant cooling room without the victim’s permission, on the ground that it did not have good appraisal with the ordinary victim in the “D” restaurant operated by the victim C, which was located in the Dong-gu Incheon Metropolitan City, and thereby obstructing the Defendant’s business.

2. At around 16:50 on March 18, 2019, the Defendant insultingd the Victim C in front of the above D restaurant as described in paragraph (1) above, and took a pedago on the same way as the victim E and three neighboring merchants, and passed, etc., the Defendant made the victim C to the effect that “I would receive compensation of one billion won due to the death of this weather spath, one is dead, one is living, one is living, one is good, and one is good because his or her baby is good,” and the victim E who had continuously observed the above appearance and prevented the Defendant from committing the act of the Defendant, such as the victim C and the Dong four neighboring merchants, three people, and the flusium, etc., to the effect that “I would obtain the flusium, flusium, E, and flusium,” and the victim C will be subject to the same way as the victim E with his or her flusium, E, and the victim flusium.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Application of each statute on filing of a complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of the crimes as referred to above shall be added thereto] Article 38 (1) 2 of the Criminal Act;

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