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(영문) 부산지방법원 2016.09.28 2016고정2668
업무방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced by the Busan District Court to habitually enter the Republic of Korea, habitually enter the Republic of Korea, and to interfere with business affairs, and the judgment became final and conclusive on June 24, 2016.

On June 4, 2015, the Defendant, at the 'J' restaurant operated by the victim I located in P of Busan, Busan, on June 4, 2015, that the alcohol value is high for the victim, who received a demand from the victim to pay the alcohol value.

On the other hand, without paying the drinking value, the victim’s “satisfing her so far as the drinking value has been,” the victim, who heard the horses, interfered with the victim’s restaurant business by force for about one hour, such as avoiding tobacco in the above restaurant, which is a non-smoking place, and taking the form of the victim to smoke in a mobile phone, and preventing other customers from using the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. On-site photographs;

1. Previous convictions: Application of the Acts and subordinate statutes to inquiries about criminal history, investigation reports (report on the fact before and after the fact-finding), copies of the judgment, and the results of the conet search;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 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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