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(영문) 광주지방법원 2014.04.04 2013고단5516
업무방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant thought that the Defendant did not have any money in water and that he did not pay the price even if he did so by drinking and drinking alcohol at the “EM store for the operation of the victim D” in Gwangju Northern-gu. However, around July 15, 2013, the Defendant ordered F, an employee of that place, to pay the price in a normal manner, and ordered F, who is an employee of that place, to pay the price in a normal manner. Accordingly, the Defendant received from F, an amount equivalent to KRW 60,00 in total, KRW 50,000 in total, KRW 60,000 in total, KRW 1 disease, and KRW 2,00 in the market price.

2. Around 01:00 on July 16, 2013, the Defendant interfered with business, as indicated in the foregoing paragraph 1, obstructed the victim’s main business by force by forcing the victim F to drink and drink, and not paying the price to the victim who is demanded to calculate the amount. In order for the victim to pay the price, the Defendant: (a) sounded the victim with a large volume of sound, i.e., “unborn baby, the drinking value is low; (b) the drinking value is below the drinking value; and (c) 20 minutes of the disturbance, and preventing other customers from entering the said main point.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. Application of statutes on site photographs;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 347 of the same Act concerning the facts constituting an offense (a point of fraud), the selection of fines, respectively;

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. The reason for sentencing is that the defendant has the same history as the defendant, but the defendant appears to have an attitude against the defendant, the degree of damage to the victims is relatively significant, the defendant paid 60,000 won to the victim D after the prosecution of this case, and the victim F expressed his intention not to want the punishment of the defendant in this court, etc., shall be determined as ordered in consideration of all the circumstances.

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