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(영문) 인천지방법원 2015.06.03 2015고단2296
업무방해
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On November 201, 2014, around 22:00 on the first day, the Defendant: (a) expressed the victim’s desire without any reason; (b) expressed the victim’s desire to “E” at the “E” point operated by the victim C (V) located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu; and (c) expressed the victim’s desire to “pact and bitch bitch bitch” to other customers on the name of the victim; and (d) expressed the victim’s desire to “pact and bitch bitch bitch” to avoid disturbance for about one hour by force.

B. On November 201, 2014, the Defendant, at around 22:00, obstructed the Defendant’s main operation of the victim’s station by force by avoiding disturbance for about 3 hours on the part of customers, such as breathing alcohol without any reason, breathing the victim’s bath, breathing other customers, and breathing them by drinking.

C. On March 3, 2015, the Defendant, at around 22:30, obstructed the victim’s main operation by force by avoiding disturbance for about 30 minutes, i.e., “I have been at any time, and the credit value is so high as to be so high” among other customers to listen to the victim’s words “E” from the victim’s “E”.

2. The Defendant committed the crime against the Victim F at around 19:00, on the date of February 2015, at the “H” point operated by the Victim F (F) located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, 2015, the Defendant obstructed the Defendant’s operation of the victim’s main points by force by avoiding disturbance for about 2 hours, such as: (a) under the influence of alcohol, and (b) without any reason, taking the victim’s desire for other customers; (c) taking the victim’s desire for other customers; and (d) taking the time expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of the I;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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