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(영문) 부산지방법원 2018.01.11 2017고정274
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 25, 2015, the Defendant was sentenced to two years of suspension of the execution on August 25, 2015 for the crime of bodily injury in Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on December 10, 2015.

On November 2, 2015, the Defendant, at around 17:00 on November 2, 2015, was under the influence of alcohol in “A” restaurant operated by the Victim C (V, 54 years of age) located in Busan Young-gu, Busan, and the Defendant said that the Defendant would not sell alcohol.

In spite of the fact that the injured party scambling at a nearby store, such as scambling three persons, including D, and scambling three persons at the cafeteria at the entrance of the cafeteria and the restaurant, and scambling them, and scambling them at the restaurant.

As a result of the demand, the victim’s restaurant operation was obstructed by force between about 30 minutes, by stating that “I will not drink in this context, but I would like to read “I would like to drink” to customers in the restaurant, and “I would like to see this Chewing gue immediately,” and by gathering the remaining friend disease on the floor, the victim’s restaurant operation was interfered with by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;

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