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(영문) 대구지방법원 2017.04.20 2017고단769
업무방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 21, 2017, at around 18:20, the Defendant: (a) entered a D restaurant operated by the victim C in Daegu Northern-gu B, Daegu Northern-gu; (b) ordered three crops to the victim; and (c) requested the victim to return home in the course of demanding the drinking value; (c) the victim expressed that “I am w h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h; and (d)

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (as regards attachment of cafeterias on-site photographs);

1. Relevant legal provisions for facts constituting an offense, Article 314(1) of the Criminal Act of the choice of punishment, and selection of fines (see, e.g., the facts that a repeated crime is committed during the period of repeated crime, that the defendant is led to confession and reflect, that the degree of exercise of power is not serious, that the victim expresses his/her intention not to want the punishment of the defendant, etc.);

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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