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(영문) 대구지방법원 2018.10.25 2018고단3727
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On June 27, 2018, at around 01:00, the Defendants: (a) expressed a large amount of alcohol at the main point of “B” operated by the Victim D (37 tax) located in Busan City, for the reason that the Defendants took a bath for the victims; (b) frank the victim; and (c) Defendant A was able to avoid disturbance for about 20 minutes due to the fact that there was a large drinking value after drinking alcohol.

Accordingly, the Defendant conspiredd to interfere with the victim's main business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes concerning on-site CCTVs to investigation reports;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 314(1) and 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: The following conditions for sentencing under Articles 70(1) and 69(2) of the Criminal Act and other conditions for sentencing as stated in the records, such as the Defendants’ age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

- As long as the Defendants are likely to commit the instant crime during the period of each repeated crime committed by these crimes, the Defendants are aware of the instant crime and agree with the victims.

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