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(영문) 창원지방법원 거창지원 2016.06.22 2016고정47
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant committed the crime of March 18, 2016, around 15:00 on March 18, 2016, on the ground that he was punished due to the victim’s report in front of the E cafeteria operated by the victim D, the Defendant reported about 10 persons, including F, in the middle of the E cafeteria operated by the victim D, around 2 months prior to the victim’s report, and that the victim’s “Chewing. Chewing,” and that the victim reported about approximately 10 persons, including F, to the victim.

And even during 20 years, Chewing was made.

The term "domination in a large sound, etc." prevented customers who wish to enter a store by avoiding the disturbance between about 30 minutes, and making them difficult to see.

Accordingly, the defendant openly insultingd the victim and interfered with the victim's restaurant business by force.

2. The Defendant committed the crime of March 30, 2016: (a) around 16:10 on March 30, 2016, reported by ten persons, including G, in the front of the E restaurant for the foregoing reasons; (b) and (c) was the victim D with “Chewing year; Sheets from the restaurant; Sheets from the restaurant; Sheets; and (d) year.”

It was impossible to see the customers who want to enter the 40 minutes by smoking about about 40 minutes, such as hinging them with a large sound that "hing for 20 years".

Accordingly, the defendant openly insultingd the victim and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and the selection of fines, respectively, for the crime;

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

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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