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(영문) 인천지방법원 부천지원 2017.04.28 2016고정1372
업무방해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant: (a) invested KRW 30 million in the said restaurant prior to the investment of KRW 10 million in the E-cafeteria operated by the victim D, not around 09:53, the Defendant: (b) requested the return of the investment money to the victim’s incombustibility; (c) on the ground that there was a failure to return it; (d) whether she was boomed in the restaurant in which she was his/her employee, F and G; and (e)

C.

B. A. There is no rearcing, this year’s h.a. B. B. H., E. B. H., E. B. L. L., L. L., L. L. L. L., L. L. L., L. L. L. B. L. L. B. L. L. B. L. L. L. L. L. B. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

It was destroyed by force by avoiding disturbance, such as returning the disturbance, thereby obstructing the victim's restaurant business, preventing the market price from selling breadbed, half, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Protocols of examination of witnesses regarding D;

1. The defendant alleged that his act does not constitute interference with the business because he merely operated the victim D, who is the partner, with the mind of mind, and did not return the customer. However, according to the evidence above, the defendant's argument that the defendant interfered with the victim's business by his act, such as dumping 70 air and half ray, which the victim was damaged for the preparation of the business, can be sufficiently recognized. Thus, the defendant's argument cannot be accepted.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The sentencing of the main sentence of Article 186(1) of the Criminal Procedure Act, which imposes the cost of lawsuit, is denying the criminal act, and there is a record of being punished for the same kind of crime.

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