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(영문) 인천지방법원 2020.01.22 2019고단4326
업무방해
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 January 21, 2019, the Defendant, at around 22:30, obstructed the victim’s convenience store business by force for about one hour, by putting the victim C (here, 22 years of age) at the entrance of the above convenience store without any justifiable reason and making the customers, who had been on the above convenience store, sit at the entrance of the above convenience store without any justifiable reason while drunk.

2. On March 6, 2019, around 13:00, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes due to the Defendant’s disturbance of force for about 20 minutes, by driving the victim F (n, 44 years of age) on the part of “G” working in Seo-gu Incheon, Seo-gu, Incheon, by taking the name-free customers and the victim, without any justifiable reason, who have been under the influence of alcohol.

3. On March 30, 2019, the Defendant 13:20, at around 13:20, the victim I (n) located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon at the entrance of the text point of “J” operated by the Defendant “J” and, without any justifiable reason, continued to interfere with the victim’s Seodaemun-point business by force for about 30 minutes by avoiding disturbance, even though a man under whose name the text point of “J” was under the influence of alcohol.

4. The Defendant: (a) around 14:00 on March 30, 2019, at “M” operated by the victim L (n, 28 years of age) located in Seo-gu Incheon, Seo-gu, Incheon, without any justifiable reason, under the influence of alcohol; and (b) interest;

I. The victim interfered with the victim's operation of the coffee shop by force for about 10 minutes due to her gling of vision and her great sound while taking a bath as "spawn."

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the F, C, L, and I of each statement of damage;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defense counsel’s assertion of provisional payment order under Article 334(1) of the Criminal Procedure Act.

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