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(영문) 대구지방법원 서부지원 2021.02.16 2020고정473
업무방해등
Text

1. Defendant A shall be punished by a fine of KRW 1.2 million, and Defendant B shall be punished by a fine of KRW 500,000.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. Defendant A

A. On April 15, 2020, while the Defendant was taking meals together with D’s “E” restaurant of D operation in Daegu-gu, Seogu, Daegu-gu, on April 15, 2020, the Defendant became the victim F (44 tax) who is another customer and was demanded to change tobacco to the victim F (the victim F (the victim F (the victim of 44 tax).

Accordingly, the Defendant collected snife and snife with heavy food, which is a dangerous thing to the victim G(50) with the victim F and the victim G(50).

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

B. At the time of the day indicated in the above paragraph (a), the Defendant: (a) committed a disturbance, such as snicking and snicking the other customers, while working and fighting with the body of the other customers at the above restaurant operated by the victim D; and (b) caused the disturbance, such as snicking and snicking the fire, which is owned by the victim.

Accordingly, the defendant damaged the victim's misperception of the market price, sniffing of iron, and harming the victim's business by force.

2. At the time of the day specified in paragraph (1) of Article 1, Defendant B’s disturbance, such as gathering the part of the victim’s mother, and gathering the part of the victim’s body, while driving the Defendant’s happiness, such as the Defendant’s birth, and the above F, at the above restaurant for the operation of the victim D, interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Defendants’ legal statement

2. Part of the statement in the police interrogation protocol concerning H or F;

3. Application of the laws and regulations on partial statements in the police statements made to D, I, J and G;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261, 260(1) (a) of the Criminal Act, Article 266 of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 314 of the Criminal Act, the selection of fines

B. Defendant B: Article 314(1) of the Criminal Act (Optional to a punishment)

2. Defendant A who aggravated concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act.

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