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(영문) 대전지방법원 천안지원 2017.02.09 2016고정697
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On April 25, 2016, around 19:35, the Defendant interfered with the business operation of the victim, such as: (a) having multiple unspecified customers out of the area where a disturbance was avoided, such as having the victim’s Maart in Asan-si (hereinafter “Asan-si”), bringing the victim’s Maart to a large amount of interest; and (b) having the account stand to the floor, etc., the Defendant interfered with the operation of the set.

2. On April 25, 2016, the Defendant, who damaged public goods, was dissatisfied with the arrest of a flagrant offender by committing a crime set forth in paragraph 1 from the 3-1 global area located at 3-1, 258, a citizen of ASEAN-si around April 25, 2016, thereby impairing public goods and impairing their utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. Statement of the investigation report; and

1. Application of the video Acts and subordinate statutes to the instant pictures

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning facts constituting an offense, and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the Defendant merely has a dispute in the course of making a legitimate request to Mart, and thus does not constitute an interference with business or did not have an intention to interfere with business;

The charges are denied by asserting that they are facts charged.

However, it is sufficient to recognize that the defendant's act of avoiding disturbance by taking a bath at the Mt Calculation Team and putting it into the floor of hand is an act interfering with the operation of the victim's Mt, and the defendant had the intention of such act at the time.

The defendant appears to have shown that the level of 4 illness in the week at the time was considerably drunk, and he had done the act in the Et.

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