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(영문) 수원지방법원 성남지원 2014.12.29 2014고단2460
업무방해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On October 5, 2014, the Defendant: (a) from around 06:30 on October 5, 2014 to around 07:20 on the same day, the Defendant interfered with the victim’s restaurant business by force by having the affected customers go out of the cafeteria by “E” operated by the victim D in Gwangju-si, without any justifiable reason, while drunking the alcohol; (b) driving the city expenses; and (c) lying on the floor; and (d) having the affected customers go out of the cafeteria.

2. On October 26, 2014, the Defendant: (a) around 16:00 on October 26, 2014, at the Victim G in Gwangju-si, the Defendant obstructed the victim’s restaurant business by force by forcing customers to take a disturbance, such as raising trial costs, without any reason, from the victim G, operated by the victim G in Gwangju-si, Gwangju-si; and (b) allowing customers to take a place outside, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

"2014 Highest 2460"

1. Defendant's legal statement;

1. Statement of the police statement of D "2014 Highest 2651";

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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