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(영문) 부산지방법원 2018.05.02 2018고정475
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 7, 2017, at around 01:20, the Defendant obstructed the victim’s main business for about 30 minutes, such as drinking at the “C” singing shop located on the 1st underground floor of Busanjin-gu, Busan, and selling the disturbance by other customers who singing the disturbance at a stage. The Defendant: (a) dumped the victim D, who is the manager of the said main shop, with the large interest of “attention, sing, and singinging the disturbance; and (b) dumped the victim’s main business for approximately 30 minutes, such as: (c) customers who enter the main shop by smoking the disturbance; and (d) those who throw the disturbance away from the outside.

2. The Defendant committed assault, at the same time and place as set forth in paragraph 1, on the ground that the victim D was satisfed for the foregoing reasons, by hand, such as booming the victim’s breath by satching it.

3. The Defendant, even though he did not have the intent or ability to pay the drinking value at a time and place as referred to in paragraph 1, ordered the victim D to take food equivalent to KRW 30,000, such as beer 6 sick and Salju 2, Analju, etc., and acquired property benefits by not paying the price.

4. Around 02:10 on March 7, 2017, the Defendant: (a) was arrested and detained on the “F District” located in Busan Jin-gu, Busan, due to disturbance of business affairs, etc.; (b) on the ground that the Victim H, a police officer affiliated with the said District, asked the personal information of the victim H, who visited the manager of the said District, to ask him/her for his/her personal information from the place where he/she listens to the “F District” in Busan Jin-gu, the Defendant publicly insultingd the victim, such as “the victim,” who is a police officer affiliated with the said District, and “the victim,” was sexually insulting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 347(1)9 of the Criminal Act, Article 311 of the Criminal Act (the point of insult) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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