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(영문) 부산지방법원 동부지원 2016.08.26 2016고정701
업무방해등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. 피고인은 2015. 12. 04. 15:30 경 부산 남구 B에 있는 C 내 식당 가에 있는 ‘D’ 중국 음식점에서, 짬뽕을 시킨 후 얼마 지나지 않아 짬뽕 그릇을 주방으로 가져와 집어던지면서 “ 속이 아프니까 병원에 입원하러 간다”, “ 개 같은 년, 야 이 씨발 년 아” 등의 욕설을 하고, 물 컵을 집어 던지는 등 위력으로 약 20 분간 종업원인 피해자 E의 식당 영업 업무를 방해하였다.

2. On December 15, 2015, around 15:06, the Defendant: (a) expressed the Defendant’s desire to read “Ie the instant C” restaurant in China on the ground that he/she did not receive hospital treatment; and (b) expressed that he/she did not receive hospital treatment, thereby interfering with the instant victim’s restaurant business for about 10 minutes by force, such as: (c) having the coffee sprinked in his/her hand, and having the said victim protruding up to the customer table.

3. The Defendant continued to engage in the conduct referred to in paragraph 2 on the ground that, around 15:13 on the same day, the victim F (22 years) who is a security personnel (“C”) said that he talks with “out to talk,” and on the ground that the victim F (22 years), who is a security personnel, reads “out to talk.”

In the name of the lab, the lab was assaulted by cutting the labbbbal with the lab, scing the head, cutting the head, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to G, F, and E;

1. Relevant Article 314(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of interference with business) concerning the facts constituting an offense and the choice of punishment, respectively;

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. Articles 70 and 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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