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(영문) 의정부지방법원 2018.01.11 2017고정1376
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 12, 2017, the Defendant and C reconcing the Doeses from the Fsing room operated by the victim E at the Government of the Gyeonggi-do 2:30 on March 12, 2017 to the end of service hours, and obstructed the legitimate main business affairs of the victim by avoiding disturbance for about 30 minutes, such as: (a) thrown the softens with the floor of the softens on the floor; (b) shouldering the softens with a microphone; and (c) giving the victim a bath, “this rings, accounting, e.g., e., e., e., e., e., e., e., e., e., e.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses regarding E;

1. A report on investigation (a business establishment);

CCTV image analysis), CCTV image duplicating photographs

1. On-site photographs (the Defendant asserted to the effect that only expressed the desire at the time of the instant case and did not interfere with the victim’s business with C.

However, according to each of the above evidence, the defendant and C were able to take a bath for the problem of Dominmi, and at the time C laid the Dominum on the floor, and the defendant was found to have avoided the disturbance along with microphones, and thereby, the customer who had been included in the main points of this case was re-exploited. As such, the defendant could be sufficiently recognized to have interfered with the victim's main business along with C, the above argument is rejected.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Articles 314(1) and 310 of the Criminal Act, and the selection of fines for the crime;

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;

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