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(영문) 인천지방법원 2016.02.24 2015고단6640
업무방해
Text

Defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

From around 29:02:30 on September 29, 2015, the Defendant: (a) was requested from the victim D (55 years) to calculate the drinking value; (b) had been claimed to calculate the drinking value; and (c) had been disputing with the victim, “10 persons are sent.”

In this end, we thrown away and stop funeral services.

“At the time of mashing,” the victim’s main business operation was obstructed by force by means of force, such as “Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnn

On October 29, 2015, the Defendant: (a) around 01:30 on October 29, 2015, the Defendant: (b) around 201:1:30, the victim G (n, 54 years of age) in the Jung-gu Seoul Central Government E market provided a test fee to customers in the place of “H” restaurant on the ground that he/she does not drink himself/herself while under the influence of alcohol; (c) as he/she knowss his/her employees, he/she took the child; and (d) obstructed the victim’s restaurant operation by force for about 30 minutes by avoiding disturbance, she interfered with the victim’s restaurant operation.

Summary of Evidence

1. The defendant's oral statement "2015 highest 6640";

1. Statement made by the police against D;

1. "Receipt, on-site photograph, etc. 2015 Highest 8389";

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from witnesses I);

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The background and form of the instant crime, and the Defendant recognized the crime.

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