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(영문) 부산지방법원 2016.05.25 2015고단4342
업무방해
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 15, 2015, the Defendant: (a) around 00:30 on May 15, 2015, 2015, at the front of the branch office located in the NH Dol, Busan, Busan, the trigram, and (b) around the 97th anniversary of the victim C (n.e., 53 years of age) in the front of the branch office in the NH Seoul, Seoul, Seoul, the Defendant 2015, “Iskhhhshshs

“Along with the victim’s speech, the victim was able to see the victim’s speech, and the victim was fluored with bricks, which are dangerous objects that were placed on the road, such as black vinyl fluor, which was fluored by hand while taking the victim’s bath, and the victim was fluord with stone ( approximately 15cm wide, about 20cm long).

In this respect, the defendant carried dangerous objects and assaulted the victim.

『2015 고단 7311』 피고인은 2015. 10. 5. 02:00 경부터 같은 날 02:30 경까지 부산 사상구 D에 있는 피해자 E 운영의 F 식당에서 피고인이 평소 주벽이 심한 것을 알고 있는 피해 자로부터 더 이상 술을 팔지 않겠다는 말을 듣자 화가 나, ‘ 씹팔 년, 개 같은 년 아, 보지를 확 주 팠뿔 라’ 고 욕설을 하고 고함을 지르는 등 소란을 피워 식당에 들어오려 던 손님들이 들어오지 못하게 함으로써 위력으로 피해자의 식당 영업 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the provisions of Acts and subordinate statutes to the scene of crime such as protruding photographs of mountain dives and photographs of each place of crime;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special violence), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334 (1) of the Criminal Procedure Act for the crime of this case is that the crime of this case was committed on several occasions due to the crime of injury, etc., but is punished several times due to the same crime, and it is not familiar with the above crime, and it prevents the victim C from throwing a brick to the victim C or interfering with the restaurant business of E, and the nature of the crime is light.

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