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(영문) 청주지방법원 제천지원 2016.10.27 2016고단328
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 4, 2016, at around 06:30, the Defendant: (a) 06:30 on August 4, 2016, at a restaurant operated by the victim C, sent a large amount of music without any justifiable reason, and opened a table, and (b) against customers seeking the place, the Defendant took a large interest of “to do so”, “to do so,” and “to do so,” and the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance over about 30 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The part dismissing prosecution as to the fact that there was eight times of punishment for violent crime, that there was a confession that he has been sentenced to imprisonment with prison labor for a year and six months for the present building, fire prevention and insult around 2013, and that he is against the law, and that the victim does not want the punishment of the defendant.

1. Around 07:05 on August 4, 2016, the Defendant: (a) asked the victim E, a police officer belonging to the Incheon Police Station, who was dispatched to the site upon receiving a report from 112, that he fright frighted; and (b) asked the victim E, a police officer belonging to the Incheon Police Station, who was dispatched to the site upon receiving a report from 112, to ask the victim C, etc. personal information; and (c) expressed the victim “I am fright, I see, I see, I see, I see, I see, and Chewing.”

2. This part of the facts charged is an offense falling under Article 311 of the Criminal Act, which can be prosecuted only when a criminal complaint is filed under Article 312(1) of the Criminal Act.

According to the records, the prosecution of this case was instituted on the date of the institution of the prosecution of this case.

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