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(영문) 부산지방법원 2018.12.20 2018고정1692
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant was suffering from a disease from working in 'C' 'D cafeteria' in Fri-gu Busan, 'C' as an employee.

It is the claimant.

1. On May 31, 2018, the Defendant found the Defendant at the above restaurant around 16:00 on the ground that the proprietor of the above restaurant does not compensate the Defendant’s disease, and thus “the president is located.”

The term "the victim E, who is a cafeteria employee, has committed assault by his/her hand, such as taking a bath, keeping the victim's right shoulder.

2. 재물 손괴 피고인은 위 1. 항 기재 일시, 장소에서, 계속해서 " 내가 병원비만큼 부숴 줄게.

"The property was damaged by the victim's management of 107,00 won, such as 8 water reservoir 36,000 won in the market price of 36,000 won in the market price, 6 anti-government stations equivalent to 36,000 won in the market price, 5 co-governments equivalent to 10,000 won in the market price, and 25,000 won in the market price.

3. The Defendant interfered with the business of the Defendant: (a) obstructed the Defendant’s normal restaurant business by force for about 30 minutes, on the clothes of bus articles on which the Defendant 1.m. 1.m., at the time, at the same place, and on the same grounds, booms the Victim’s bath and assault; (b) laid down 6 anti-patha, booms, thereby damaging property; and (c) obstructed the Defendant’s normal restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (investigation of damaged articles);

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business, the selection of fines), Article 366 of the Criminal Act, Article 260(1) of the Criminal Act (the point of destroying property, the selection of fines), and Article 260(1) of the Criminal Act (the point of assault and the selection of fines);

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

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