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(영문) 대구지방법원 서부지원 2015.06.05 2015고정97
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant, from around 09:30 on December 2, 2013 to around 12:00, 'E restaurant' operated by the victim D (the age of 55) in the Daegu Seo-gu Seo-gu, Daegu-gu, without any reason, her desire to take alcohol from 'E restaurant', and without any reason, her desire to take to other customers. The Defendant, as the Defendant, she walked to the me on the ground that she would return to her, she must face her old age. Here, the Defendant she has the me to herme. Here, the Defendant shed, such as “B” and sound, so as to cause the customers to go to the me, prevent the customers who intend to enter the me from entering the me, and dice without paying 10,000 won of the drinking value.

2. 피고인은 2014. 1. 중순 일자불상 10:00경부터 13:00경까지 위 'E식당'에서 술에 취해 잠이 들었고, 피해자가 깨워서 집에 가라고 한다는 이유로 "씨발 년아, 놔둬라."고 욕설을 하고, 다른 손님들에게 "씨발 새끼들아, 다 나가라"고 소리를 치는 등 소란을 피워 그곳 손님들이 나가게 하고, 그 식당에 들어오려는 손님들이 들어오지 못하게 하고, 술값 1만 원을 지불하고 않고 함부로 술을 마셨다.

3. The Defendant was drunk from 10:00 on February 2, 2014 to 12:00 on the date to 12:00, and was under influence of alcohol in the above 'E restaurant’, and on the ground that the victim scams, the Defendant scams other customers by “scambling the disturbance, i.e., “A” and “a” and “breh”, so that customers are free from entering the restaurant, and the customers who intend to enter the restaurant are unable to enter the restaurant without paying 10,000 won of the alcohol value.

Accordingly, the Defendant interfered with the victim's restaurant business by force over three times.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police officer;

1. Application of Acts and subordinate statutes on the 112 Reporting of Investigation (the receipt and case of a victim's 112 Reporting and the suspicion of a suspect) and attached thereto;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Aggravation for concurrent crimes;

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