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(영문) 인천지방법원 2015.06.12 2015고정918
업무방해
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

[2015 High Court Decision 1317]

1. On October 23, 2014, from around 03:00 to 03:20, the Defendant: (a) ordered alcohol on the main point of “D” operated by the victim C(35 years of age) in Nam-gu, Incheon; (b) however, the Defendant obstructed the victim’s business by force by avoiding disturbance for about 20 minutes, such as smoking tobacco in the restaurant, taking the victim’s bath, and passing sound, on the ground that the victim refused it; and (c) preventing the victim from entering the restaurant, which is a non-smoking area.

[2015 High Court Decision 918]

2. On October 25, 2014, from around 03:15 to around 03:35 of the same day, the Defendant expressed the victim’s desire at the above main point, without any justifiable reason, to “Chewing fright,” and continued to engage in female employees working at the main place, such as taking a bath to “spawn,” smoking, and smoking, thereby obstructing the victim’s main business by having other customers go against the victim’s main business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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