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(영문) 수원지방법원 2015.07.01 2015고정560
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On December 29, 2014, from around 04:00 to 06:20, the Defendant interfered with the victim’s restaurant business by taking a large voice that the victim E (son, 41 years of age) who is an employee of the Defendant who smokes tobacco at a D restaurant in Suwon-gu, Suwon-gu, Suwon-si, would be “non-smoking in a restaurant” to the Defendant’s daily behaviors that the Defendant would be “non-smoking in a restaurant”, and by taking a bath to the victim and his employee, the Defendant interfered with the victim’s restaurant business by taking advantage of his or her desire for customers to out.

A public prosecutor has instituted a public prosecution to the effect that the defendant interfered with the victim's business by '2 hours and 20 minutes'. However, according to the witness E's legal statement, the defendant expressed a great voice twice, and it is insufficient to recognize that the defendant continued to interfere with the defendant's business for 20 minutes and 20 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the police protocol of partial statement to E;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) circumstances to be considered in the course of the crime; (b) the degree of power was insignificant; and (c) the victim does not want the punishment of the defendant.

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