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(영문) 대전지방법원 천안지원 2020.06.05 2020고정111
업무방해등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. Around 04:50 on November 20, 2019, the Defendant: (a) exercised force by force, such as: (b) the Defendant, while drinking alcohol at “D key points operated by the Victim C” located in Seo-gu, Seoan-gu, Seoan-si; (c) the Defendant, while drinking alcohol at “D key points operated by the Victim C” in Seoan-gu, Seoan-gu, Seoan-si; (d) the Defendant took a bath with a large volume of voice; and (e) assaulting and destroying the

Accordingly, the defendant interfered with the victim's operation of the restaurant.

2. The Defendant, at the same time and place as above, was the victim E (at 54 years of age) who flabing alcoholic beverages on the side tables at the same time and place as above, and was the victim by hand and was the victim of beer disease, which is a dangerous object at that place.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Investigation report (victim C telephone communications);

1. The application of the Act and subordinate statutes to the CDs attached to the investigation report (CCTV verification) and the CDs (the Defendant asserts that there was no fact that the Defendant had her disease towards the victim E. However, according to the CD images attached to the investigation report, it is confirmed that, according to the CD images attached to the investigation report, the Defendant was faced with the beer disease, and the beer disease was her back to the Defendant, and then the Defendant was her back to the beer, and the fact that the Defendant was her back to the beer, again her back to the beer disease was her back to the Defendant.).

1. Relevant Article 314 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of interference with business), the choice of fines for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has no criminal record.

The victim of the obstruction of business of this case does not want the punishment of the defendant.

The age, character and conduct of the defendant;

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