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(영문) 부산지방법원 2016.12.08 2016고정3587
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. From around 23:10 on July 20, 2016 to 23:35 on the same day, the Defendant obstructed the restaurant business of the victim D (the 59-year-old employee), who was an employee of the said restaurant, by force, by putting the disturbance of alcohol in the C cafeteria located in Busan Dong-gu, and preventing customers from entering the restaurant on the ground of giving due attention.

2. The Defendant, upon receiving a report on the same day as indicated in paragraph (1), openly insulting the victim by openly insulting the victim, on the ground that the police officer of the Busan East Police Station Estation, who was called out on the same day as indicated in paragraph (1), controlled the disturbance by the employees D and customers, on the ground that the police officer of the Busan East Police Station Estation, who was called out on the same day, prevented the disturbance from being disturbed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement prepared in D or F;

1. Application of Acts and subordinate statutes to investigation reports (limited to the use of police gear, refusal of confirmation, acts within a police box, etc. at the time of leaving the scene);

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

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

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

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