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(영문) 대구지방법원 2018.04.27 2018고정6
업무방해등
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendants, who interfered with the duties, discussed each other within 108 room of “F” main points operated by the victim E in Daegu Dong-gu, Daegu-gu, Daegu-gu, about 05:00, and caused the disturbance to avoid disturbance for about 2 hours, such as destroying the two main bottles, beer bottles, and glass residues, which were in the room, on the floor and the wall, and prevented other customers from entering the said main points.

Accordingly, the Defendants jointly interfered with the victim's main business by force.

2. The Defendants violated the Punishment of Violences, etc. Act (damage to joint property, etc.) was placed in the wall on the date, time, place, and on the grounds as described in paragraph 1, for the same reasons as described in paragraph 1, and destroyed the wall in a way that the repair cost would amount to 8.50,000 won. The Defendants were placed in a way that would amount to 300,000 won of laundry.

Accordingly, the defendants jointly damaged the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to each invoice and estimate;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 30 of the Criminal Act (the point of obstructing joint business), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of destroying joint property), and selection of each fine for a crime

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 334(1) of the Criminal Procedure Act is not less than 334(1).

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