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(영문) 대전지방법원 홍성지원 2018.12.26 2018고단688
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2018 Highest 688]

1. On June 22, 2018, the Defendant: (a) while drinking alcohol in the “D” operated by the Victim C in Chungcheongnam-nam Budget Group B on June 22, 2018; (b) without good cause, she saw the victim and his/her customers as a large sound to the victim and his/her customers, and obstructed the victim’s carpet business by a threat of force between approximately 30 minutes by walking a disturbance, such as a cryp, and a gab.

2. Upon receipt of a report from the police officer called out at the above date, time, and place 112, the Defendant destroyed the Defendant’s 14,000 won of repair costs by drinking the victim E-owned cargo matr, which was previously set up in front of the removal.

[2018 Highest 888] On November 1, 2018, the Defendant obstructed the victim’s restaurant business by force of approximately 25 minutes, i.e., smoking and drinking in the restaurant at the “H” restaurant operated by the victim G in Suwon-gu, Suwon-si, which is operated by the victim G, with a large volume of sound to customers in the place under the influence of alcohol. “The Chinese people are Nara and luhly harming the Chinese people,” and the Defendant interfered with the victim’s restaurant business by driving a disturbance, such as smoking tobacco in the restaurant and saving salt with the hands.

Summary of Evidence

[2018 Highest 688]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Related photographs (2018 Height 688);

1. Statement by the defendant in court;

1. A G statement;

1. Application of suspect photographs, field photographs, and Acts and subordinate statutes to the scene;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) ( point of interference with each business), 366 of the Criminal Act, and selection of fines for a crime;

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A provisional payment order: The fact that a person repeats a crime without being aware of the period of suspension of execution due to the same criminal conviction (damage, etc. to special property) of Article 334(1) of the Criminal Procedure Act, and there is no effort to recover damage.

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