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(영문) 대구지방법원 김천지원 2014.10.17 2014고정351
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 August 12, 2013, the Defendant: (a) around 22:40 on August 12, 2013, at the D restaurant operated by the Victim C in Gumi-si B, the Defendant: (b) told female customers under the influence of alcohol that “ice is bad, bad, bad, bad, love, and bad; and (c) carried them out of the cream; (d) let the customers go, and (e) continued to go, and (e) 10 minutes.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant ordered the victim to engage in the act as if the victim would pay the alcohol value at the date, time, and place specified in paragraph 1.

However, at the time of fact, the defendant did not have the intention or ability to pay the price even if he received the alcohol from the victim because there was no money or credit card.

After all, the Defendant, as such, was informed of the victim by deceiving the victim, and was provided with the victim with 5,000 won or more.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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