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(영문) 수원지방법원 안양지원 2013.07.11 2012고정1313
업무방해
Text

Defendant

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

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A, while operating a restaurant "E" in Ansan-si D with his/her births B and father, there has been disputes over the attraction of victims G and customers who operated the restaurant in the name of "F" from July 2010 to the side of the restaurant.

At around 17:00 on August 29, 201, the Defendant called “F” parking lot in the “F” restaurant located in the Manan-gu Hayang-gu, Mayang-gu, the Defendant obstructed the victim’s restaurant business by force by advertising to a person whose name the victim’s restaurant is not known, allowing him/her to enter the restaurant as a parking lot, and allowing him/her to go beyond the parking line in the E restaurant parking lot. As the Defendant got the customer’s vehicle to move by large sounds, he/she gets out of a disturbance, and she laid down the water tank that the victim took a bath on the floor, and thereby interfere with the victim’s restaurant business by force.

Summary of Evidence

1. Witnesses G and I's respective legal statements;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty against Defendant B of Article 334(1) of the Criminal Procedure Act with respect to the provisional payment order;

1. Summary of the facts charged

A. On July 16, 2011, the Defendant committed the crime of July 16, 201, around 13:50, obstructed the victim’s restaurant business by force by doing his/her act by doing so to the customers who embarking on and departing on a motor vehicle in the vicinity of the entrance, at the front of the cafeteria of the victim’s cafeteria located in Gyeyang-gu, Mayang-si, the Defendant: (a) left the entrance of the Defendant’s Junta car on the front of the entrance; and (b) left the cafeteria in the vicinity of the cafeteria; and (c) obstructed the victim’s restaurant business by doing so.

B. On August 2, 2011, the Defendant committed a crime on August 2, 201, at the street parking lot of the “F” restaurant for the victim’s management at around 20:00, the customer whose name is not known is the cafeteria, and the victim “as soon as he/she has left the restaurant.”

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