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(영문) 춘천지방법원 2020.03.31 2020고단48
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 9, 2020, from around 05:20 to 08:30, the Defendant committed the crime against the victim B, at “cafeteria” operated by the victim B (n, 54 years of age) in Chuncheon City, and at “cafeteria” operated by the victim B (n, 54 years of age), the Defendant: (a) took the same bath as “Is, Chewing,” and obstructed the operation of the victim’s restaurant by force for about 2 hours and 50 minutes by smoking music with cellular phone while drinking food and alcohol; and (b) taking the same bath as “Is, Chewing.......”

2. The Defendant, on January 9, 2020, from around 14:45 to 14:55 of the same day, committed the crime against the victim D, at the “E” restaurant operated by the victim D (hereinafter referred to as “E,” located in Chuncheon City from around 14:5 to around 14:55, the same day, despite the victim’s demand, interfered with the victim’s operation of the restaurant by force for about 10 minutes by making the victim’s play the same bath as “sprinking, sprinking,” appearing in the victim’s cell phone, and making the victim’s play the same bath as “sprinking, sprinking,” and doing so.

3. On January 9, 2020, from around 15:00 to around 15:10, the Defendant committed a crime against the victim F, at “H” restaurant operated by the victim F (58 years of age) on the first floor of the Chuncheon City G Building, the Defendant obstructed the operation of the victim’s restaurant by force for about 10 minutes by smoking tobacco in the restaurant while under the influence of alcohol, exposing music with a cellular phone, and keeping the music in a large sound.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Application of Acts and subordinate statutes on site photographs (H), 112 report handling table, field photographs (cafeterias);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment stipulated in the crime of interference with business against the victim B who is the largest) shall be 1.

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