(영문) 부산지방법원 2014.04.23 2014고단1414

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(영문) 부산지방법원 2014.04.23 2014고단1414

업무방해등

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 25, 2014, at around 22:00, the Defendant was able to avoid disturbance for about 35 minutes on the ground that the Defendant: (a) around 22:00, at E restaurant operated by the victim D in Busan, the victim D, and without any reason, carried the liquor with one driver’s day, carried the cattle-to-day disease, which was drinking on the wall, carried the glass cup, wre, and folding it on the floor of the wall; (b) caused the customer’s food on the other table so that the customer could not drink food, and made the victim’s report.

As a result, the defendant, by force, damaged the victim's restaurant business and damaged the victim's property by 40,000 won or more of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are as follows: (a) the Defendant was sentenced to a suspended sentence of four months on November 20, 2013 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) by the Busan District Court; (b) the Defendant was put on probation in good faith after the above judgment; (c) favorable sentencing grounds for the confession of the instant crime and the agreement with the victim; and (d) other various circumstances that are conditions for sentencing of the instant case, including the motive, means and consequence, degree of damage; (d) the degree of damage; (e) the Defendant’s age, character and conduct, the environment, criminal records, and the circumstances after the instant crime.

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