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(영문) 대구지방법원 2020.09.17 2020고단2840
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 3, 2020, from around 20:05 to 20:24 of the same day, the Defendant obstructed the victim’s restaurant business by force by driving a disturbance, such as the loss of “if the principal did not go to him/her, even if he/she did not go to his/her house,” and the loss of his/her house at the D points operated by the victim C in Daegu Dong-gu, Daegu-gu, Daegu-gu, the Defendant obstructed the victim’s restaurant business by force.

Summary of Evidence

1. Application of the Act and subordinate statutes to CDs attached to the police statement statement report (CCTV image verification) with respect to C (the defendant denies the facts charged, but in particular, according to CCTV images, it may be recognized that the defendant's disturbance at the time and time place on which the facts charged are recorded and thereby obstructing the victim's restaurant business.)

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant committed assault, such as the date and time stated in the facts charged, and at a place where the aforementioned facts charged were recorded, and where the Defendant committed assault, such as the victim’s spawning of the spawn that the spawn had the spawn in his hand.

2. Crimes of non-compliance with will: Article 260 (3) and (1) of the Criminal Act.

3. On May 4, 2020, after the prosecution of this case, a written agreement was submitted that the victim expressed that he does not want the punishment of the defendant.

4. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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