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(영문) 광주지방법원 2015.04.08 2015고정385
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 12, 2012, the Defendant, at the early 12:00, obstructed the victim’s restaurant business over ten minutes by force, such as desireing the victim D, who is the restaurant owner, to “the same bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a son,

2. At around 12:00 on July 3, 2012, the Defendant, at the same place as Paragraph 1, expressed the victim’s restaurant service over a volume of 1:50 minutes per hour and 50 minutes by force, such as: (a) the victim, who dumpeded him/her with his/her name-free customers who were on the right side without any particular reason, and flaping him/her with flaps, such as flapsing him/her, and her flapsing him/her with flapsing him/her.

3. On July 4, 2012, the Defendant, at around 20:0, 200, sent alcohol alone at the same place as Paragraph (1) and obstructed the victim’s restaurant business for about 20 minutes by force, such as: (a) the Defendant, by drinking alcohol alone; and (b) the Defendant, upon having fluencing the disturbance, expressed his desire to “Isia and four sons who are boomed,” and (c) the Defendant flucing the disturbance, and thus, she fluencing the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Optional fine;

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

1. Even if there are circumstances in which the defendant's reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are economically difficult, in light of the frequency and methods of the crime in this case, the criminal records of the defendant, the victim's damage did not be recovered, the amount of fine determined by the summary order cannot be deemed to be imposed.

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