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(영문) 인천지방법원 2015.03.26 2015고단392
업무방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 21:00 on January 16, 2015, the Defendant demanded from the E main points in the operation of the victim D (the age of 47) in Seo-gu Incheon, Seo-gu, Incheon, that “at a stage singing,” and provided tobacco to the employees, and the customers are prohibited from singing with the main points that “the customers can sing out only a number of singing. Inasmuch as it is a non-smoking area, all of them are allowed to sing.” The Defendant continued to receive tobacco through several times, and the Defendant demanded the police officers who called for a 112 report by the victim to get out of the said main points, and continued to get out of the said main points.

At around 22:00 on the same day, the Defendant re-entered tobacco to the above main points, and obstructed the victim's main business by force, such as allowing customers to resist against the victim at a large amount of 15 minutes of the 15 minutes of the disturbance, such as making the victim feel spits that the victim again was rejected, even though the victim demanded that he would be frightly frighten, and making the frighter and bed down on the table, and making the victim take a part of the frighten, and making the victim take part in the fright.

When the Defendant continued to go home by the police officer who was called up after receiving the report 112, and was forced to go home as a result of interference with business, the Defendant 23:30 on the same day, and then found tobacco again at the above main points, and obstructed the victim’s main business by threatening F, an employee, by threatening F, who spits tobacco at a number of times on the table and the bottom of the same day, by threatening F, to “I would like to find it for a period of one month. I will not conduct the business. I would like to interfere with the victim’s main business by force by avoiding the disturbance by force.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A written statement;

1. Application of statutes on site photographs;

1. Article 314(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts (the point of interference with business and the selection of fines).

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