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(영문) 인천지방법원 2021.01.22 2020고정1748
업무방해
Text

Defendant

A The defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

On June 12, 2020, from around 18:30 on June 12, 2020 to around 19:00 on the same day, the Defendant discovered in the above restaurant in China operated by the victim B in Nam-gu Incheon Metropolitan City, in order to demand the payment of the money to be received by the victim, and confirmed the shot flag in the above restaurant without permission, and made the victim feel a large voice with a large sound to the victim so that he could not carry out funeral services.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence (Defendant A)

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation into suspect B to the police suspect interrogation protocol (defendant A);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 of the Provisional Payment Order: (a) the summary of the factory room of Defendant B (Defendant B) and the victim A (the victim South and the age of 63) from June 12, 2020 to June 19:00 of the same day, the Defendant was pushed the victim of the disturbance in the Chinese restaurant operated by the Defendant in Nam-gu Incheon Metropolitan City from around 18:30 to 19:00 of the same day.

Accordingly, the defendant assaulted the victim.

2. The above facts charged against the Defendant are crimes falling under Article 260(1) of the Criminal Act, and cannot be punished against the victim’s express intent under Article 260(3) of the Criminal Act.

On December 3, 2020, after the prosecution of this case, the victim A was not punished and submitted to this court.

Accordingly, the public prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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