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(영문) 대구지방법원 2013.07.25 2013고정1517
업무방해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 9, 2013, from around 22:30 on May 22, 2013, the Defendant: (a) while drinking alcohol, such as the Defendant’s 'D’ restaurant operated by the victim C (the age of 56) in Daegu Dong-gu, Daegu-gu, as the Defendant’s 'D’ restaurant; (b) took a bath on the ground that the victim was booming, he was able to boom on the floor; and (c) the Defendant was able to put a physical disease on the brue on the brue’s floor; and (d) the Defendant was able to boom the 30 minutes of the brue, booming the brue, booming the brue, and prevented the Defendant from entering other customers who want to use the said restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. Around 23:00 on May 9, 2013, the Defendant, on the ground that he received a report at the place specified in paragraph (1) and received the report, and the circumstances surrounding the F Zone G belonging to the Daegu East Police Station, which is the victim, and the circumstances surrounding the victim, such as the victim, identified the details of damage to the said C, a restaurant operator, “I see, she can see, she can see, she she sit, she can see, she she she she she she, and she she she can she she she see, she cannot she she she she she she due to any mistake, and she she takes a bath at a large voice before the said restaurant operator and other customers.”

Accordingly, the defendant publicly insultingd the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H, G, and C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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