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(영문) 부산지방법원 2017.06.22 2017고정872
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On December 20, 2016, at around 00:00, the Defendant obstructed the victim’s restaurant business for about 10 minutes by force, such as: (a) the victim C (the 55-year-old age), who was in Busan City’s thinking-gu (the 55-year-old), and (b) the Defendant: (c) had two beer soldiers on the table on which the Defendant was seated; (d) damaged the beer’s disease; and (e) having 10 minutes of a beer’s restaurant business by force, i.e., taking one beer’s disease toward the glass window.

2. The Defendant damaged property by collecting one beer’s disease toward the glass window as described in paragraph (1) at the time and place described in paragraph (1). The Defendant destroyed the property by placing a gold at two meters wide from which the market price owned by the Victim C cannot be seen, and at one meter wide from the glass window.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of a report on investigation (14th page of investigation records), on-site photographs (16th page of investigation records), and statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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