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(영문) 춘천지방법원원주지원 2020.08.14 2020고정116
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

1. On November 21, 2019, from around 17:45 to around 18:30 of the same day, the Defendant obstructed the victim’s gas delivery service by force between approximately 45 minutes, by preventing the victim from moving to another company by putting on the front of the truck, while the victim D (58 years of age) operated a sealed truck to deliver gas distribution at the request of a neighboring restaurant. The Defendant is running a knife and operated the knife-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-knick-kick

2. A person who intends to engage in a food service business violating the Food Sanitation Act shall report to the competent authority by type of business or place of business, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority, operated resting restaurants by preparing and selling food, such as booming and drinking, to a large number of unspecified customers, at the place specified in paragraph (1) from the beginning of November 2018 to the Hacman of February 2019, and from the beginning of November 2019 to January 28, 2020, with a cooking apparatus in a mobile rier at the place specified in paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to report internal investigation of each photograph of the police's statement of the defendant's legal statement D (report on the hearing of statements by the person in charge of hygiene and telephone at the time

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of fines) concerning the facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act (the point of unregistered business and the selection

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

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

1. Although there are some points to consider the circumstances in relation to the obstruction of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the act continues even if a police officer had been involved, and the victim suffered considerable damage to the instant case.

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