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(영문) 광주지방법원 2014.06.24 2014고정673
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

1. On February 20, 2014, from around 22:53 to 23:16 of the same day, the Defendant, who interfered with the business, had 2 people who were sexually male in the next table, and 3 people who were sexually in the next table, were able to take a bath in themselves within the “Dpool” operated by the victim C (35 years of age) located in the Seo-gu in Gwangju, Seo-gu, Gwangju, by drinking and drinking alcohol, and drinking alcohol.

The Defendant: (a) prevented the entry of about 20 minutes to customers who had three customers out of the restaurant; (b) prevented them from entering the restaurant; and (c) prevented them from leaving the restaurant; and (d) interfered with the victim’s restaurant business by force.

2. On February 20, 2014, at around 23:16, the Defendant damaged public goods, upon reporting that two persons, such as the security guards, F, etc. of the Gwangju Western Police Station Estation, sent out after notifying the Defendant of the Dac principles, and arrested the Defendant as a flagrant offender interfering with business affairs, and take the Defendant on the back seat of the vehicle of the 112 Police patrolr, No. 24:8524, Aband 112, who was going into the back seat of the vehicle of the 203,00 won in a narrow space, thereby impairing the utility of the goods used by public offices by cutting off the vehicle with a view to 303,00 driver’s seat, rear glass, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report (including interference with business, etc. and explanatory report);

1. Part of the damaged vehicle, photograph of the patrol vehicle, and the application of Acts and subordinate statutes of the detailed statement of transactions (24,8524);

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 141 (1) of the Criminal Act (a point of damage to public goods), and the selection of a fine for each crime

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse is that the defendant is imprisoned by the misunderstanding of the defendant, and that the defendant does not want the punishment of the defendant by mutual agreement with the victim C of interference with business. The defendant is past.

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