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(영문) 대구지방법원서부지원 2020.10.20 2020고정165
업무방해등
Text

1. Defendant A shall be punished by a fine of 700,000 won, and Defendant B shall be punished by a fine of 500,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

A and Defendant B are South Korea, and victims C(46 years of age), victims D (n, 45 years of age) are married couple and run a mobile phone store in the name of "F" in Daegu E.

1. On January 2, 2020, the Defendants’ joint criminal conduct (Interference with their business) at the above F Burial as a matter of the mobile phone fee opened at the above store by Defendant B’s wife, and Defendant A continued to play a store in the above area for approximately 30 minutes, including “In order to make a new entry, Defendant A shall terminate and not issue any one parcel of money,” “I have a president, who is not going to make a false sale,” and Defendant B kept money inside the table, and “I have no money, and I have no money. I would like to see why I would like to make a new entry,” and Defendant B continued to play a store in the above area for about 30 minutes, such as “I have no other customer who was suffering from the disturbance of tax base.”

As a result, the Defendants conspired to interfere with the victims' mobile phone sales operations by force.

2. Defendant A, at the time and place set forth in paragraph (1), committed assault on one occasion on the victim’s left side part due to the suspension of bruma on the table, which was on the tables, while avoiding a disturbance, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

2. Application of the police statement law to C and D

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 314(1) and 30(1) of the Criminal Act, Article 260(1) of the Criminal Act, the selection of fines

B. Defendant B: Articles 314(1) and 30(Selection of Fine) of the Criminal Act

2. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

4. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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