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(영문) 인천지방법원 2013.04.26 2013고정521
업무방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013, 521] The Defendant, from around 14:0 on December 14, 2012 to 17:30 on December 2012, 201, drinked three alcohols in his name in the D restaurant operated by the victim C in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, with three alcohols in his name, and the Defendant’s daily behaviors calculated only a part of the alcohol values, and first laid off.

After that, at around 17:30 on the same day, the Defendant asked the victim to drink, but refused it only because the victim was voluntarily withdrawn, thereby obstructing the victim's business of the above restaurant for about 30 minutes by force, on the following grounds: (a) the Defendant stated that "China, the gue in China, the gue in writing, the gue in writing, and the gue is the same as the gue that there is a match; and (b) the Defendant took a bath to see that she would be the same as a drinking."

[2013 High 52] The Defendant was on October 24, 2012, at around 19:15, on the street in front of the F cafeteria located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, the Defendant was on board the H-si operated by the Victim G.

In addition, the victim tried to go behind and made verbal abuse, emphasizing that it is, and made verbal abuse.

Therefore, when the victim suspended the operation of the vehicle, it was damaged the property equivalent to 543,000 won in estimate, such as cutting off the back of the victim's vehicle by an even number of the back door of the vehicle.

Summary of Evidence

[2013 High Court Decision 521]

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (general) and a report on investigation (suspects, etc.);

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A photograph of damage and estimate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314 (1) of the Criminal Act (a point of interference with business), Article 366 of the Criminal Act ( point of destruction and damage of property), and selection of fines for a crime;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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