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(영문) 대구지방법원 2016.02.03 2016고정95
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On December 7, 2015, the Defendant: (a) was under the influence of alcohol at a “D” restaurant operated by the Victim C (W, 48 years of age) located in Daegu-gu, Daegu-gu, Daegu-gu, 2015; (b) was placed on the floor of plastic clicks and scopics located on the table; and (c) reported to the victim.

For about thirty (30) minutes, such as taking a large floor, “The victim’s restaurant business was obstructed by force.”

2. The Defendant damaged property at the same date, time, and place as described in the preceding paragraph, where four plastic misunderstandings owned by the victim were laid up on the floor, thereby damaging property equivalent to KRW 10,000 in total market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site dispatch reports;

1. An investigation report (to be submitted a written estimate for acceptance);

1. Application of statutes on site photographs;

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 366 of the Criminal Act (the point of destroying property and the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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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