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(영문) 울산지방법원 2020.11.12 2020고단1584
업무방해등
Text

Defendant

A shall be punished by a fine of KRW 5 million, Defendant B, and C, respectively, by a fine of KRW 3 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants’ co-principal defendants 2020

4. 4. 22:50, the victim E’s “Fsing room” in Ulsan-gu, Ulsan-gu, was disputed with the payment of the drinking value, and Defendant B went to the victim G, who is an employee of the above singing room, and Defendant C was displayed several times, and Defendant A went to the employee escape room inside the above singing room on the ground that the victim’s “Fing room” in Ulsan-gu, Ulsan-gu, U.S., was able to take a large voice for the victim G, and the victim A was able to take a face with a bad voice, and Defendant A, in combination with the above, went to the employee escape room in the above singing room.

As a result, the Defendants conspired to obstruct the victim's business by force.

2. At around 22:50 on April 4, 2020, Defendant A’s intrusioned on the victim E’s “Fsing room” as indicated in paragraph (1), and the issue of payment of the amount of the alcohol, as described in paragraph (1), was brought to the “Fsing room” of the victim’s operation as indicated in paragraph (1), and the testimony of the members of the singing room who carried out the alcoholic beverage is required, and the Defendant entered the said singing room and infringed on the victim’s room.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A written statement of G and E;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (investigation into the attachment of CDs);

1. A of the pertinent legal provisions pertaining to criminal facts: Articles 314(1), 30 (Interference with Business), and 319(1)(2) and 314(1) and 30 (Interference with Business) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Comprehensively taking into account all the factors leading to each of the instant offenses on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendants’ act, degree of damage, agreed circumstances with the victim, the Defendants’ age, environment, and circumstances after the crime.

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