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(영문) 대전지방법원 천안지원 2018.06.01 2017고단1870
업무방해등
Text

Defendant

A Imprisonment for 4 months, and Defendant B shall be punished by a fine of 1.5 million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On February 14, 2017, around 22:53, 2017, the Defendant: (a) from the “E” crop of “E” on the 3rd floor of the soup Do-dong, Nam-gu, Seoul (hereinafter “Sae 56-year-old”) “E”; (b) if the victim was cooked, the Defendant placed the order immediately before the order, and the victim was found to have been discovered, but he did not know that he did not properly inform himself of it; (c) he did not immediately inform him of it; and (d) during a mutual dispute with the victim and the victim, he did not know it.

시발 년 아” 라는 등의 욕설과 함께 라면이 든 그릇을 그곳 주방에 서 있던 피해자를 향해 집어던지고, 위 식탁에 있던 쟁반을 피해자에게 집어던질 듯한 시늉을 하였다.

Accordingly, the defendant assaulted the victim and interfered with the victim's restaurant business by force.

2. On February 14, 2017, Defendant B, as in paragraph 1, at the above location around 22:56, did not observe that the victim was suffering from disturbance, and it was thought that the victim of the past was in a friendly manner against the Defendant. However, Defendant B was able to take the view that he was suffering from disturbance on the part of the victim, such as “In this case, it would be possible for the victim to take the view that he was suffering from disturbance,” and Defendant B was able to take the view that he was suffering from disturbance for about five minutes on the part of the victim, by putting in the vicinity of the above restaurant and taking the victim’s bath.

Accordingly, the defendant threatened the victim and interfered with the restaurant business of the victim by force.

Summary of Evidence

1. Statement made by the defendant B in the first trial record;

1. Entry of the defendant A's partial statement in the third public trial record;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 260(1) of the Criminal Act (the point of violence) and Article 314(1) of the Criminal Act (the point of interference with business);

B. Defendant B: Article 283(1) of the Criminal Act (the point of intimidation) and Article 314(1) of the Criminal Act (the point of interference with business)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Punishment;

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