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(영문) 대구지방법원 서부지원 2021.01.21 2019고정837
업무방해
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

From November 9, 2019 to 11:10 on November 9, 2019 to 11:47 on the same day, the Defendant’s written indictment for victim E, an employee, is indicated as “D” as a restaurant operator, but since the Defendant’s obstructed duties were the employees E at the site at the time, the written indictment is erroneous and corrected ex officio.

The term "I am a restaurant operator and a person who knows well," and the term "I am to drink on credit."

However, the defect that the injured person did not perform on credit, and the defendant expressed the victim's desire to "ging this Chewing," and threatened the injured person with his face, thereby obstructing the victim's restaurant business by force, such as threatening the injured person to out of the place.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

2. A protocol concerning the examination of suspect B;

3. Application of Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

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

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