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(영문) 대구지방법원 2014.06.25 2014고정1029
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 22, 2013, at around 23:10, the Defendant interfered with the business, at C cafeteria located in Daegu-gu, Daegu-gu, the Defendant: (a) took a bath to the victim D, who is a restaurant operator, without any reason, of alcohol; (b) took a lux, “the victim of the restaurant,” with the large interest of “the victim of the restaurant”; (c) flabing face by the lid of the main bottle, flabing the face by the lid of the main bottle; and (d) obstructed the victim’s restaurant business by force by avoiding disturbance over about 30 minutes.

2. On November 23, 2013, the Defendant violated the Punishment of Minor Offenses Act: (a) called the name tag at the Daegu Southern Police Station that did not have assault the said D on November 23, 2013; and (b) called the name tag at the Daegu Southern Police Station; and (c) called the police officer who received a false report to the effect that “if the police officer reported that he was in compliance with the domestic fish control C, he would have the police officer be subject to punishment, regardless of whether he was faced with money, and accordingly, reported to the audit room.”

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The Act on Interference with Business and Punishment of Minor Offenses (False Reports) shall apply to investigation reports on cases, and the application of Acts and subordinate statutes to investigation reports on interference with business;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1)2 of the Punishment of Minor Offenses Act and Article 3(3)2 of the Punishment of Minor Offenses Act (a false report), the selection of fines for the 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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