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(영문) 대전지방법원 2019.03.29 2019고단424
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant resided in the “D” second floor of the operation of the Victim C in Daejeon Dong-gu, Daejeon, and operated the “E”.

1. Around 08:00 on August 29, 2018, the Defendant: (a) took the influence of alcohol in the instant “D” restaurant; (b) took the influence of alcohol to the victim and his/her customers, and took a large voice, such as “the horse that does not engage in weather,” and obstructed the victim’s restaurant business by force for about one hour by avoiding disturbance.

2. At around 18:00 on August 29, 2018, the Defendant: (a) took the alcohol in the above D’ restaurant; (b) took the alcohol in his/her hand and took a bath with a large voice, such as “a total of about 20cc and about 10cc in a knife length”; and (c) taking the customers in the above knife knife with “nife, knife,” thereby interfering with the victim’s restaurant business by force for about two hours by giving customers a restaurant.

3. From around 12:00 to 15:30 on September 5, 2018, the Defendant received a request from the victim to reduce the amount of noise by using a ampample, ample, ample, or ampl, in the place of residence of the Defendant on the second floor of the aforementioned “D”, the Defendant continued to play a significant string of music while under the influence of alcohol, and provided the said restaurant with a desire to see that customers are going to a restaurant, thereby allowing customers to take a restaurant, and thereby interfered with the victim’s restaurant business by force for about 30 minutes and 30 minutes by force at the entrance of the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to 112 reported case handling lists, arrest reports on occurrence of a case, investigation reports (No. 11,18 in order);

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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